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UNITED STATES DISTRICT COURT DISTRICT OF MAINE UNITED STATES OF AMERICA, v. ROBERT CROSBY, DEFENDANT ) ) ) ) ) ) ) )

CRIMINAL NO. 99-75-B-H

ORDER ON DEFENDANT'S MOTION TO SUPPRESS The issue on this motion to suppress is whether a magistrate judge can issue a search warrant for child pornography without looking at the pictures that were provided as underpinning for the assertion of probable cause. It is my

understanding that in the future the Magistrate Judges in this District will look at the pictures submitted, no matter how distasteful the responsibility is, so as to avoid consuming further legal fees and judicial resources on such an issue.1 Nevertheless, I conclude in this instance that the affidavit without the pictures furnished probable cause to issue the warrant, and that, with the pictures, probable cause still existed. The motion to suppress is DENIED. I. PROBABLE CAUSE Asserting that there was probable cause to believe that the defendant Robert Crosby had transported child pornography in interstate commerce in violation of
My colleague, Judge Carter, has expressed his view that it is preferable for the magistrate judge to look at the pictures in question, see United States v. Brunette, 76 F. Supp.2d 30, 40 n.4 (D. Me. 1999), and other courts have likewise struggled with the unnecessary problems caused by a failure to examine the pictures. See United States v. Smith, 795 F.2d 841, 847 (9th Cir. 1986).
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18 U.S.C.

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Maine Law