ComputerForensicsDigest.com

Brief Summary: Solomon, convicted of possessing child pornography, challenged search warrant on the grounds that it was based in part on false information. The police based their request for a search warrant on information provided by Solomon's house-mate, who initially supplied police with a false name. The trial court denied Solomon's motion and the 8th Circuit affirmed.

Facts: Solomon's house-mate, Patricia Ann Tradup, learned that Solomon was a registered sex offender. Out of concern for her safety, she conducted a search of his room, where she uncovered articles of girl's clothing and printouts of child pornography. Tradup called police to report her concerns, at which time she supplied a false name; during a later meeting with investigators, she turned over the printouts she had found. Police confirmed that Solomon had been a registered sex offender and that he resided at the address supplied by Tradup. Based on her information and physical evidence, officers applied for and received a search warrant for Solomon's residence and computer. During the investigation, child pornography was discovered on Solomon's hard drive, and he was convicted of one count of possessing child pornography.

Issue(s): Whether the trial court erred in denying Solomon's motion to suppress the search warrant on the grounds that the sole informant, Tradup, initially supplied police with a false name.

Ruling: No, the trial court did not err in denying Solomon's motion to dismiss.

Reasoning: Whether there is probable cause to issue a search warrant depends on the "totality of the circumstances." If an affidavit is based on information from an informant, "the informant's reliability, veracity, and basis of knowledge are relevant to whether the affidavit provided probable cause to support the search." In this case, the Court of Appeals concluded there was sufficient probable cause to issue the search warrant. Tradup had personal knowledge of her discoveries in Solomon's room, and despite initially providing a false name, met personally with police. Officers were able to corroborate other information provided by Tradup, including Solomon's history and residence. The Appeals Court concluded that Tradup's false statement was irrelevant to the determination of probable cause.