United States v. Galpin, No. 11-4808 (2d Cir. 2013)
Annotate this CaseDefendant appealed his conviction for several counts of production of child pornography, committing a felony offense involving a minor while being required to register as a sex offender, and possession of child pornography. On appeal, defendant challenged the district court's denial of his motion to suppress all of the evidence. The court affirmed the district court's determinations that the officers lacked probable cause to search for evidence of child pornography and that the warrant was facially overbroad. However, the court vacated the judgment and remanded the case for further proceedings because the court found deficient the factual and analytical record as to whether the warrant was severable and whether the images of child pornography were seized in plain view.
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