UNITED STATES of America, Plaintiff-Appellee, v. Jerome RUDDELL, Defendant-Appellant

Good Law
71 F.3d 331·1995 WL 707625·1995 U.S. App. LEXIS 33663·95 Cal. Daily Op. Serv. 9158
United States Court of Appeals for the Ninth CircuitDecember 4, 199592-10451California1,653 words

Opinion

Opinion

O'Scannlain, J.

We must decide whether a magistrate judge properly issued an anticipatory search warrant conditioned upon the controlled delivery of contraband.

I

On March 6, 1991, Ruddell wrote to an “adult” bookstore inquiring about obtaining videotapes of minors engaged in sexually explicit conduct. The bookstore informed the United States Postal Inspection Service of Ruddell’s interest in child pornography. On April 3, an undercover United States postal inspector wrote to Ruddell and requested more information regarding his interest in child pornography. Upon receiving Rud-deU’s response, the postal inspector sent RuddeU a Ust of five videotapes which depicted minors engaged in sexuaUy expheit conduct. RuddeU subsequently ordered a videotape entitled “Little Ones in Love” and enclosed a $60 money order as payment.

On May 28, United States Postal Inspector Karyn Lefebvre filed an affidavit with a magistrate judge in support of an appUcation for a search warrant of Ruddell’s premises. In her affidavit, Inspector Lefebvre stated that: (1) she had received extensive training in the area of sexual exploitation of minors; (2) she had been informed that RuddeU had ordered “Little Ones in Love,”…

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