U.S. v. Fisher/Fisher

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 12-21-2022
  • Case #: 20-10098; 20-10101
  • Judge(s)/Court Below: Wallach, J. for the Court; Graber, J.; Watford, J.
  • Full Text Opinion

“Probable cause exists if ‘it would be reasonable to seek the evidence in the place indicated in the affidavit.'" United States v. Wong, 334 F.3d 831, 836 (9th Cir. 2003).

Petitioners were charged and later convicted of various charges concerning exploitation of children and child pornography after evidence was obtained from two separate searches. Petitioners moved to suppress the evidence from searches conducted in 2016 and 2018, arguing that the searches violated their 4th Amendment right. The magistrate judge denied motions to suppress evidence from the searches respective, and the district court affirmed. Petitioners appealed to the Ninth Circuit individually and the appeals were consolidated in this opinion. Petitioners arguing that the evidence from the searches should have been suppressed. First Petitioners argue the affidavit supporting the "probably cause search warrant" contained intentionally false and/or reckless statements. Here, Court found there was probable cause in the affidavit because Petitioners failed to show that the affidavit contained false statements and Petitioners had no basis that the judge was misled. The Court affirmed the district court’s denial of Petitioners’ first motion to suppress. Additionally, the Court held that Petitioners lacked standing to challenge the second search, since Petitioners abandoned the devices that were seized in the search, Petitioners lacked standing as they had no reasonable expectation of privacy over the devices and therefore the search was lawful. The Court affirmed the district court’s denial of Petitioners’ second motion to suppress. AFFIRMED. 

Advanced Search

Back to Top