Banks

I.

BACKGROUND

This case began when Special Agent Mary Martin (Agent Martin) filed an “Application and Affidavit for Search War- rant.” According to the affidavit, a Canadian investigation into child pornography had resulted in the arrest of a Cana- dian pedophile who admitted to trading child pornography with Banks. The Canadian pedophile also provided evidence that Banks may have created a pornographic video involving Banks’s two-year-old grandson.

A warrant issued to search Banks’s home for sixteen types of items described in the affidavit. As a result of the evidence seized pursuant to the warrant, Banks was charged with nine criminal counts relating to the possession, production, trans- portation and receipt of images depicting minors engaged in sexually explicit conduct. Seven of those charges ultimately proceeded to trial.

Prior to trial, Banks moved to suppress the evidence seized pursuant to the search warrant, asserting that the affidavit lacked foundation and specificity. Banks’s arguments were rejected by the district court, and a bench trial ensued.

At trial, the government called Banks’s wife as a witness. Mrs. Banks primarily testified about her relationship…