United States v. Eichert
United States v. Eichert
Opinion of the Court
MEMORANDUM
Randall Steven Eichert appeals the district court’s denial of his motion to suppress evidence obtained pursuant to a search warrant. Eichert entered a conditional guilty plea to one count of posses
The United States Supreme Court requires that an issuing magistrate make only a fact-specific, practical, and common sense determination, taking into account all of the circumstances set forth in the affidavit, whether there is a fair probability that evidence of a crime exists in a particular place. See Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). There is no requirement, therefore, that an affidavit present conclusive proof by direct evidence that the crime has been committed before a search warrant can issue. Furthermore, this court affords great deference to an issuing judge’s determination of probable cause.See United States v. Hay, 231 F.3d 630, 634 n. 4 (9th Cir. 2000).
In this case, the affidavit stated that Eichert’s computer screen displayed about 100 newsgroup listings, including newsgroups regarding “teens, preteen, sex, children and young girls.” Also observed on Eichert’s computer hard drives and storage media were files titled with girls’ names and terms such as “teens, too young, early teens, preteens,” and sex words. Based upon the information presented in the affidavit, the issuing judge had a substantial basis for concluding probable cause existed. See Gates, 462 U.S. at 238, 103 S.Ct. 2317. The district court’s denial of Eichert’s motion to suppress evidence found pursuant to the valid search warrant was proper.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.