After a Gwinnett County grand jury indicted Michael Scott Shirley on 17 counts of sexual exploitation of children OCGA § 16-12-100, he filed a motion to suppress. The trial court denied Shirley’s motion, and we granted his interlocutory appeal. Shirley contends that the trial court erred in denying his motion because the warrant affidavit and application were not supported by probable cause and because the information supporting the warrant was stale. For the reasons that follow, we affirm.
Viewing the evidence to uphold the trial court’s findings and judgment, Henson v. State, 314 Ga. App. 152, 153 723 SE2d 456 2012, the record shows that on January 20, 2011, the Federal Bureau of Investigation’s Safe Child Task Force “FBI” received information from an investigation by German authorities regarding a web site used to distribute child pornography. The German authorities identified several internet protocol “IP” addresses, including one from which 150 full- and thumbnail-sized image files had been accessed on July 22, 2009. In response to a federal administrative subpoena, ATT Internet Services identified the IP address from which the images had been accessed as belonging to Shirley and located at a particular residential address. On February 18, 2011, two police officers, including the one who signed the warrant affidavit, attempted to make contact with Shirley at that address, but received no answer. They left a business card, and later that evening, Shirley left two voicemail messages for one of the officers. On February 21, 2011, Shirley came to the Lawrenceville police department for an interview. He asked that his wife not be interviewed because of her stress level. During the interview, Shirley stated that he did not look at pornography on the internet, and that he had one desktop computer and one laptop that he had purchased for his son.1 When asked about his knowledge of someone accessing a German website to view child pornography, he invoked his right to remain silent until he could speak with an attorney.
