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U.S. v. MARTIN

Docket Nos. 04-1600 CR(L), 04-2344(CON).

426 F.3d 83 (2005)

UNITED STATES of America Respondent, v. Joseph MARTIN, Defendant-Petitioner.

United States Court of Appeals, Second Circuit.

Decided: August 4, 2005.

Filed: September 2, 2005.

Decided: October 3, 2005.

Attorney(s) appearing for the Case

Steven Jay Harfenist, Friedman, Harfenist, Langer & Kraut, Lake Success, NY, for Defendant-Petitioner.

Bonnie S. Klapper, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Cecil C. Scott, Assistant United States Attorney, on the brief on appeal), Brooklyn, NY, for Respondent.

Before: WALKER, Chief Judge, POOLER and WESLEY, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge.

ON PETITION FOR REHEARING

For the reasons stated below, defendant-appellant Joseph Martin's petition for rehearing is denied.

Martin argues that we could not find probable cause because (1) the redacted affidavit "contains no particularized information regarding whether Martin, or the e-mail account registered to his home, possessed child pornography," as required by Ybarra...

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