Brobst

I. Factual and Procedural Background

On July 11, 2006, Jerald Brobst hired Ken Gerg to perform some cabinet work at Brobst’s residence, located at 31 Drift- wood Lane, in Woods Bay, Montana. While Brobst was away, Gerg performed the work. While performing the work, Gerg found child pornography in Brobst’s home.

Finding the pornography, Gerg reported it to Lake County Sheriff’s Deputy Kim Leibenguth. Gerg told Deputy Lei- benguth that Brobst had a photograph of a naked girl, six to seven years old, in a sexual position. Gerg said that the photo- graph had been printed from the internet, because it had UNITED STATES v. BROBST 2841 internet-type markings on it. Upon seeing the photograph, Gerg became nervous and put it back under the filing cabinet (where he found it). However, Gerg also saw other papers (which he suspected contained additional photographs), but he did not inspect them. Gerg provided Deputy Leibenguth with the address of Brobst’s home, but did not provide her with a map or directions.

Based upon this information, Detective Daniel Yonkin drafted an affidavit for a search warrant. The warrant described the residence as a “single story, single…