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U.S. v. NEEDHAM

No. 12-50097.

718 F.3d 1190 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Nicholas James NEEDHAM, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2013.

Attorney(s) appearing for the Case

Matthew B. Larsen (argued), Deputy Federal Public Defender and Sean K. Kennedy , Federal Public Defender, Office of the Federal Public Defender, Los Angeles, CA, for Appellant.

Douglas F. McCormick (argued), Dennise D. Willett , and Anne C. Gannon , Assistant United States Attorneys; and André Birotte Jr. , United States Attorney, Santa Ana, CA, for Appellee.

Before: MARSHA S. BERZON, RICHARD C. TALLMAN, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

M. SMITH, Circuit Judge:

An Orange Police Department (OPD) officer obtained a warrant to search Nicholas James Needham's residence for evidence of a child molestation. The officer also obtained permission in the warrant to search Needham's home for child pornography. Among other things, the warrant affidavit explained that in the requesting officer's opinion, individuals who have a sexual interest in children often possess child pornography. A magistrate...

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