United States v. Loren Samuel Williamson

We consider whether federal agents' and local police legally seized a home computer and related equipment used in the international transmission of child pornography.

I

In June, 2000, police in the European country of Croatia discovered 19 child pornographic photographs that had been posted to an internet site and, using publicly available information, traced the source of the pictures to a computer in Roseburg, Oregon, and thereafter notified-the Federal Bureau of Investigation (“FBI”). Further investigation led FBI agents to suspect that the pictures originated from a computer used at the home of Loren Williamson.

■A

FBI Agent Victor Nielsen, investigating the tip, submitted an Affidavit in support of a search warrant, which claimed probable cause to believe “evidence of violations of [18 U.S.C. § ] 2252” could be found at Williamson’s residence. Agent Nielsen averred that he had reviewed the 19 images and that they depicted “ ‘minors’ engaged in ‘sexually explicit conduct’ as defined in [18 U.S.C. § ] 2256, and within the meaning of [18 U.S.C. § ] 2252.” The cited provisions are part of the Child Pornography Prevention Act of 1996, 18 U.S.C. § 2251 et seq.

The search…