United States v. Flanders

468 F.3d 269, 2006 U.S. App. LEXIS 26012, 2006 WL 2987685
CourtCourt of Appeals for the Fifth Circuit
DecidedOctober 20, 2006
Docket05-10785
StatusPublished
Cited by15 cases

This text of 468 F.3d 269 (United States v. Flanders) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Flanders, 468 F.3d 269, 2006 U.S. App. LEXIS 26012, 2006 WL 2987685 (5th Cir. 2006).

Opinion

JERRY E. SMITH, Circuit Judge:

Michael Flanders appeals his child pornography conviction that followed his conditional plea of guilty after the district court had denied his motion to suppress evidence discovered on his computer and storage drives pursuant to the execution of a search warrant. Because the executing officers’ reliance on the validity of the search warrant was objectively reasonable and thus in good faith, we affirm.

I.

On June 3, 2004, a state judge signed a search warrant that permitted police to search and seize, inter alia, computer equipment, data and memory storage devices, computer files, photographs, or any other type of media that might be used to collect or depict persons younger than eighteen years of age engaging in sexual conduct, found in Flanders’s house. The police officer applying for the warrant stated in an affidavit that he had probable *270 cause to believe “that Michael Flanders committed the offense of Aggravated Sexual Assault of a Child, a First Degree Felony!,] Texas Penal Code section 22.021, and the offense of Possession of Child Pornography, a Third Degree Felony, Texas Penal Code section 43.26.” The affidavit included the following information:

(1) The United States Immigration Customs Enforcement Agency discovered an Internet chat log in which Flanders described various sex acts that he had performed on his two-year-old. daughter and that she had performed on him;
(2) Flanders’s daughter told a forensic interviewer that “she had licked her daddy, and that he had licked her,” and the daughter used anatomical drawings to indicate that the licking had taken place on her and her father’s genitals;
(3) Flanders’s wife told the police that Flanders spends a lot of time on his computer, visits adult pornography sites, and chats with others on the Internet;
(4) Flanders’s wife told the police of an incident in which Flanders took a digital picture of his daughter standing on the bed nude after his wife took her out of the shower 1 ; and
(5) The affiant stated that based on his training and over six years of experience as a police officer, he knew “that persons who sexually abuse children also collect and keep child pornography as well as exchange child pornography, and electronic writings, with others who sexually exploit children.”

Based, on evidence found on his computer and storage drives pursuant to execution of the warrant, Flanders was charged with six counts of interstate receipt of child pornography in violation of 18 U.S.C. §§ 2252A(a)(2)(A) and 2 and one count of possession of child pornography shipped through interstate commerce in violation of 18 U.S.C. §§ 2252A(a)(5)(B) and 2. He moved to suppress, arguing that the warrant was not supported by probable cause. The district court denied the motion, and pursuant to a plea agreement Flanders then conditionally pleaded guilty to one count of interstate receipt of child pornography.

On appeal, Flanders contends that the mere fact he allegedly had sexually abused his young daughter does not create probable cause that he possessed child pornography. Also, he asserts there was not probable cause that child pornography would be located in his home. The affidavit supporting the warrant, he claims, was only a bare bones recital of the officer’s beliefs.

II.

When a defendant moves to suppress evidence on the ground that the search warrant was not supported by probable cause, “[principles of judicial restraint and precedent dictate that, in most cases, we should not reach the probable cause issue if a decision on the admissibility of evidence under the good-faith exception [to the exclusionary rule] will resolve the matter.” United States v. Craig, 861 F.2d 818, 820 (5th Cir.1988). We deviate from this scheme and proceed directly to the probable cause inquiry only where “the resolution of a ‘novel question of law ... is necessary to guide future action by law enforcement officers and magistrates.’ ” Id. at 820-21 (quoting Illinois v. Gates, 462 U.S. 213, 264, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) (White, J., concurring)). This case does not present a “nov *271 el question of law” but involves only the application of established Fourth Amendment principles to a given set of facts, so we begin by determining whether the good faith exception to the exclusionary rule applies. 2

We review de novo whether an officer’s reliance on a warrant was objectively reasonable and accordingly in good faith. United States v. Satterwhite, 980 F.2d 317, 321 (5th Cir.1992). Flanders avers that the affidavit was so lacking in indicia of probable cause that it renders official belief in the existence of probable cause objectively unreasonable. We disagree.

First, the affidavit contains sufficient information that Flanders possessed child pornography for an officer reasonably to rely on the judge’s probable-cause determination. To negate Flanders’s charge that this is a bare bones affidavit that cannot support the warrant, the affidavit must provide the judge “with facts, and not mere conclusions, from which he could determine probable cause.” Satterwhite, 980 F.2d at 321.

The affidavit presented the judge with sufficient facts, because it recounted (1) Flanders’s wife’s statement that Flanders took a picture of his daughter while she was naked and (2) the forensic interviewer’s conclusion, based on the daughter’s statements, that Flanders had sexually exploited her. The affiant’s statement that he knew that people who exploit children also possess child pornography understandably leads Flanders to conclude that the inference from child exploitation to child pornography was the only basis on which the affidavit supports the search for child pornography. The affidavit, however, does not require this inference — the act of digitally photographing a naked child whom the defendant had allegedly previously sexually exploited provides direct support for the search for child pornography.

Where an affidavit states, inter alia, that a defendant has taken sexually explicit photographs of a minor, the affidavit supports a search for child pornography. United States v. Payne, 341 F.3d 393, 401 (5th Cir.2003). Unlike the affidavit in Payne,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Christian Walter Rewoldt v. the State of Texas
Tex. App. Ct., 2nd Dist. (Fort Worth), 2026
United States v. Wilson
Fifth Circuit, 2025
United States v. Lozano
Fifth Circuit, 2022
United States v. David Ramos
Fifth Circuit, 2019
United States v. Edwards
813 F.3d 953 (Tenth Circuit, 2015)
United States v. Ricardo Miller
604 F. App'x 333 (Fifth Circuit, 2015)
United States v. Noel Sumrall
575 F. App'x 285 (Fifth Circuit, 2014)
United States v. William Kleinkauf
487 F. App'x 836 (Fifth Circuit, 2012)
United States v. Paul Gove, III
452 F. App'x 555 (Fifth Circuit, 2011)
United States v. Torres
346 F. App'x 983 (Fifth Circuit, 2009)
United States v. Alexander
574 F.3d 484 (Eighth Circuit, 2009)
United States v. Gallegos
239 F. App'x 890 (Fifth Circuit, 2007)
United States v. Spells
215 F. App'x 378 (Fifth Circuit, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
468 F.3d 269, 2006 U.S. App. LEXIS 26012, 2006 WL 2987685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-flanders-ca5-2006.