E.D. Mo.: Connection between IP and physical address sufficient for probable cause
U.S. v. Massey, No. 4:09CR506-DJS, 2009 WL 3762322 (E.D. Mo. Nov. 10, 2009)
Established connection between IP address used to download or share child pornography and physical address is sufficient for probable cause.
In an order on Michael Massey’s motion to suppress evidence related to his arrest for the possession of child pornography, the U.S. District Court for the Eastern District of Missouri held that an established connection between an IP address used to download or share pornography and a physical address is sufficient probable cause for a search warrant. Massey argued that the “mere connection” was insufficient because “simply by accessing the home network associated with the Massey residence” a third party could download child pornography via a file-sharing network. The court rejected this claim, referring to the ruling in United States v. Perez, 484 F.3d 735 (5th Cir. 2007) in which the 5th Circuit held that “though it was possible that the transmissions originated outside of the residence to which the IP address was assigned, it remained likely that the source of the transmissions was inside that residence.” The court further argued that even if the IP / physical address connection were not sufficient, Massey’s motion would still be denied because the investigating officer “observed over twenty videos of child pornography (identified by hash value) on a computer with [the IP address] associated with the account of Ken Massey (defendant’s father) . . . at [the home address].”
COMMENTS
