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PEOPLE v. JOHN

No. 09-4185.

654 F.3d 412 (2011)

People of the VIRGIN ISLANDS, Petitioner v. Tydel B. JOHN, Respondent.

United States Court of Appeals, Third Circuit.

Filed: August 15, 2011.

Attorney(s) appearing for the Case

Vincent F. Frazer, Esq. , Elliott M. Davis, Esq. , Paul J. Paguin, Esq. (Argued), Department of Justice, St. Thomas, VI, for Petitioner Government of the Virgin Islands.

Martial A. Webster, Sr., Esq. (Argued), Frederiksted, St. Croix, VI, for Respondent Tydel B. John.

BEFORE: McKEE, Chief Judge, FUENTES and SMITH, Circuit Judges.

OPINION OF THE COURT

SMITH, Circuit Judge.

Detective Sergeant Naomi Joseph of the Virgin Islands Police Department applied for a warrant to search Tydel John's home for child pornography, relying solely on an affidavit that established only probable cause to believe that she would find evidence that he had sexually assaulted several children at the school where he taught. In her affidavit, Joseph did not allege any direct evidence that John possessed child...

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