Gourde

BACKGROUND

I. THE AFFIDAVIT

In May 2002, the FBI requested a warrant to search the res- idence of Micah Gourde for the purpose of seizing computer equipment and other materials containing evidence that he “probably caused the uploading, downloading and transmis- sion of child pornography over the Internet” in violation of 18 U.S.C. §§ 2252 and 2252A, which criminalize the possession, receipt and transmission of child pornography. The following facts come from Special Agent David Moriguchi’s affidavit in support of the search warrant. See United States v. Anderson, 453 F.2d 174, 175 (9th Cir. 1971) (“[A]ll data necessary to show probable cause for the issuance of a search warrant must be contained within the four corners of a written affidavit given under oath.”).

In August 2001, an undercover FBI agent discovered a website called “Lolitagurls.com.” The first page of the site contained images of nude and partially-dressed girls, some prepubescent, along with this text:

Lolitagurls.com offers hard to find pics! With weekly updates and high quality pix inside, you cant go wrong if you like young girls! Lolitas..Full size High Quality Pictures inside Join Now - instant access…