United States v. Robert Michael Rabe

Good Law
848 F.2d 994·1988 WL 56432·1988 U.S. App. LEXIS 7549
United States Court of Appeals for the Ninth CircuitJune 7, 198887-5084California1,443 words

Opinion

Opinion

Leavy, J.

Robert Michael Rabe appeals the district court’s denial of his motion to suppress evidence seized pursuant to the execution of a search warrant at his residence. After the motion was denied, Rabe entered a conditional plea of guilty to one count of causing obscene material to be mailed in violation of 18 U.S.C. § 1461 (1984). We affirm his conviction.

FACTS AND PROCEEDINGS BELOW

In July and August 1984 the U.S. Customs Service seized two separate packages addressed to Rabe’s post office box. The packages contained child pornography mailed from overseas. The packages were sent to the Southern California Child Pornography Task Force which began investigating Rabe in 1986.

On May 9, 1986, a Los Angeles Police Department detective sent a letter under an assumed name to Rabe stating:

Rabe responded in a letter postmarked May 13, 1986:

When the detective next corresponded with Rabe on May 30, he enclosed a photograph of a partially nude prepubescent girl. Rabe wrote back, in a letter postmarked June 2:

Correspondence between Rabe and the detective continued until June 1986. On August 1,1986, Rabe’s residence was located and six days later a search warrant was executed there.…

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