United States v. Falso

Federal Bureau of Investigation (FBI) agents went undercover as members of cpfreedom.com, a child-pornography website. The FBI conducted a forensic evaluation of the website and discovered a list of email addresses characterized as possible subscribers, including one used by David Falso (plaintiff). Falso had been convicted 18 years prior for sexually abusing a minor. The FBI applied for a warrant to search Falso’s home and computer, arguing that probable cause existed because (1) Falso’s email was on cpfreedom.com’s list of possible subscribers; (2) cpfreedom.com’s website administrators communicated with members over email; and (3) child-pornography consumers frequently kept collections of child-pornography images in their homes. The district court issued the warrant. During the search, FBI agents discovered child pornography in Falso’s home and on his computer. The federal government (defendant) charged Falso with possession of child pornography. Falso moved to suppress the evidence seized during search, arguing that the warrant lacked probable cause because (1) the FBI failed to prove Falso’s email was on the possible subscriber list for criminal, rather than innocent, reasons; (2) the FBI failed to prove Falso ever accessed, or attempted to access, cpfreedom.com; and (3) Falso’s prior conviction for child sexual abuse was stale and irrelevant. The district court denied Falso’s motion, holding that the warrant was supported by probable cause and, even if there was no probable cause, the evidence seized would be admissible under the good-faith exception. Falso appealed.