U.S. v. THOMAS

No. 14-1083-cr.

788 F.3d 345 (2015)

UNITED STATES of America, Appellee, v. Derek THOMAS, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 11, 2015.


Attorney(s) appearing for the Case

Elizabeth D. Mann , Tepper Dardeck Levins & Mann, LLP, Rutland, VT, for Defendant-Appellant.

Nancy J. Creswell ( Paul J. Van De Graaf , on the brief), Assistant United States Attorneys, for Eugenia A.P. Cowles, Acting United States Attorney for the District of Vermont, Burlington, VT, for Appellee.

Before: WINTER, CABRANES, and RAGGI, Circuit Judges.


The question presented is whether a search warrant affidavit that relied upon evidence generated by an automated software program provided a substantial basis for a magistrate judge's conclusion that there was probable cause that child pornography would be found on defendant's computer.

We hold that...

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