State v. Baker

Summary

The Oregon Court of Appeals held that a search warrant lacked probable cause under Article I, section 9, of the Oregon Constitution because a seven-month-old report of a single child sexual abuse material video in the defendant’s Dropbox account was stale. The affidavit did not provide sufficient case-specific evidence that the defendant was a persistent consumer or collector of such material or that evidence would probably be found at his residence or on his electronic devices. The court reversed the convictions and remanded.

Holdings

1. The information in the affidavit was stale at the time the warrant issued and did not establish probable cause to search defendant's residence.
2. The affidavit did not establish probable cause that CSAM or related evidence would probably be found on any of defendant's devices or in his residence.
3. Because the first warrant lacked probable cause, it was invalid, and the trial court erred by denying defendant's motion to suppress.

Questions Presented

1. Whether the seven-month-old information that a Dropbox account associated with defendant had contained a single CSAM video was too stale to establish probable cause for a search of defendant's residence.
2. Whether the affidavit otherwise established probable cause to believe that CSAM or related evidence would be found on defendant's electronic devices.
3. Whether the invalidity of the first warrant required suppression of evidence obtained thereafter, including evidence connected to the second warrant.

Disposition

reversed_and_remanded