People v. Bernal CA6

I. INTRODUCTION

After the trial court denied his motion to suppress evidence, defendant Jeremy Rocha Bernal pleaded no contest to possession of child pornography. (Pen. Code, § 311.11, subd. (a).1) Defendant was placed on probation and ordered to serve four months in county jail plus 60 days of hard labor. On appeal, defendant contends the trial court erred by denying his motion to suppress. He argues that there was no probable cause to support issuance of a search warrant for his residence, which was associated with an internet protocol address from which child pornography was being transmitted. We disagree and will affirm the judgment.

1 All further statutory references are to the Penal Code unless otherwise indicated.

II. BACKGROUND

A. Factual Background On August 2, 2011, while working with the Silicon Valley Internet Crimes Against Children Task Force, San Jose Police Officer Russell Chubon applied for and obtained a search warrant for the premises of 752 Wedgewood Drive. In his probable cause statement, Officer Chubon described his training and expertise in investigating sexual assaults, child pornography, child sexual exploitation, and child molestation.…