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United States of America v. Robert Edward Harner

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Submitted: October 22, 2010

Before LOKEN, SMITH, and COLLOTON, Circuit Judges.

Robert Edward Harner was charged with possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B), (b)(2). He moved to suppress hundreds of electronically-stored images of child pornography seized during a warrant search of his Minneapolis home. Harner argued that the affidavit of a computer forensic investigator failed to establish probable cause to issue the warrant. In that affidavit, the investigator averred that he had traced to Harner’s computer a shared file offering to distribute hundreds of files, sixteen of which were on the Internet Crimes Against Children Task Force list of files depicting child pornography, and one of which the investigator partially downloaded, viewed, and found to depict child pornography.

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