Roby

MEMORANDUM **

We hold that the search warrant used in this ease was supported by probable cause under the Fourth Amendment. While the screen name “pssygtr” (like most names) is not necessarily unique, the use of the same screen name in two similar contexts was enough for the magistrate to conclude that it was probably the same person who used it in both instances. Because one of the uses involved downloading child pornography, it was not clearly erroneous 1 for the magistrate to find that a fair probability 2 existed that child pornography would be found on the premises.

*780 The inclusion of the pedophile profile, while unnecessary and irrelevant, does not undermine the warrant because, unlike in United States v. Weber, 3 the magistrate could have issued the warrant in its absence.

Likewise, the eight and one half month gap between when “pssygtr” downloaded child pornography and when the warrant was executed did not render the information relied on by the warrant stale. “The mere lapse of substantial amounts of time is not controlling in a question of staleness.” 4 A search warrant is “not stale if there is sufficient basis to believe, based on a continuing pattern or other…