The relationship between molesting children and possessing child pornography is significant, and the U.S. Supreme Court’s decision in Illinois v. Gates sets a low threshold requirement for probable cause in justifying search warrants. Nonetheless, federal circuit courts disagree as to whether evidence of child molestation is sufficient in itself to establish probable cause for a search warrant for child pornography. In Dougherty v. City of Covina, the Ninth Circuit furthered this circuit split by siding with the Second and Sixth Circuits in determining that such evidence is insufficient to establish probable cause justifying a search warrant. This Comment examines the Ninth Circuit’s ruling in Dougherty and argues that the court incorrectly refused to find probable cause justifying the search warrant and set a dangerous precedent in doing so.
Connecting the Dots: The Ninth Circuit's Refusal to Find Probable Cause in Dougherty v. City of Covina,
45 Loy. L.A. L. Rev. 985
Available at: http://digitalcommons.lmu.edu/llr/vol45/iss3/8