United States v. Richard Genin
United States District Court for the Southern District of New York
594 F. Supp. 2d 412 (S.D.N.Y. 2009)
- Written by Sharon Feldman, JD
Facts
Europol gave the Federal Bureau of Investigation (FBI) copies of 150 videos seized from a website operator that produced and sold child-pornography videos, along with 15 emails from Richard Genin (defendant) that were found on the website operator’s computer. An FBI analyst reviewed several videos referenced in Genin’s emails and concluded that the videos contained child pornography. A magistrate judge issued a search warrant for Genin’s apartment based on the affidavit of an FBI agent who reviewed the analyst’s summary of Genin’s emails. During the search, agents seized alleged child-pornography videos and related items. Genin was indicted for possession of child pornography. Moving to suppress the seized evidence, Genin argued that the search warrant’s supporting affidavit was insufficient to establish probable cause because neither the agent nor the issuing magistrate judge had reviewed the materials seized from the website operator.
Rule of Law
Issue
Holding and Reasoning (Robinson, J.)
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