Background
Robert Daigle appealed the denial of his motion to suppress evidence found during a search of his home. Law enforcement had identified a computer at his residence requesting three files known to contain child pornography on the Freenet network nine months prior to the search warrant application. Daigle argued the affidavit lacked probable cause and that the information was stale.
The court’s reasoning
The court applied the probable cause standard, requiring a fair probability that evidence of a crime would be found at the time of the search. The court found that the multi-step process required to download files on Freenet, combined with three rapid requests for known illicit files, indicated intentional access rather than coincidence. Regarding staleness, the court held that the nature of digital storage allows evidence to persist for years, and the affidavit’s description of Daigle as a likely collector supported the inference that evidence would remain on his computer nine months later.
We conclude that these facts were sufficient to meet the probable cause standard and thus affirm.
What it means going forward
The ruling reinforces that digital evidence related to child pornography retains its probative value over extended periods and that complex online behaviors can establish probable cause for search warrants even without confirmed successful downloads.