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United States v. Grant

Probable cause supported issuance of search warrant for defendant's residence where customs agent's affidavit established likelihood that defendant was using home computer to participate in international distribution of child pornography.

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STAHL, Circuit Judge.

The resolution of this appeal hinges on a September 1, 1998 affidavit executedby United States Customs Service (“Customs Service”) Special Agent Karen Booke (the “Booke Affidavit”)and submitted to a United States Magistrate Judge in support of a search warrant application. Based onthe affidavit’s allegations, the magistrate judge granted a warrant allowing authorities to searchdefendant-appellant Gregory James Grant’s home for evidence of child pornography. Grant argues that theaffidavit did not support the requisite probable cause finding and claims that the magistrate judge anddistrict court erred in denying him a hearing before determining that evidence derived from the searchwould be admissible against him. We affirm.

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