Appeals Court Approves Child Porn Searches

SAN FRANCISCO – An appeals court has ruled that police can search a suspect’s computer hard drive if that person is known to have subscribed to a child porn website, enabling police and investigators fewer constraints during child porn searches and seizures.

The 9th U.S. Circuit Court of Appeals determined that there is "fair probability" that members of child porn sites who have submitted their credit card information are likely to be receiving and downloading child porn images, and therefore, it is within a reasonable scope that investigators be allowed to search hard drives for evidence.

The decision is based on a case involving the website LolitaGurls.com and a site member, Micah Gourde, who was under investigation. While Gourde was a known member of the site, and child porn was found on his hard drive by the FBI at the time of the investigation, his attorney had tried to suppress more than 100 child porn images arguing that the FBI’s affidavit did not establish probable cause that Gourde had violated child pornography law, and therefore a search of his computer was unwarranted.

But the appeals court determined in its ruling that since Gourde had paid money to be a member of the site, that there was “probable cause” that he had in fact downloaded illegal images, and that the FBI had acted fairly in its search of the hard drive.

The panel voted nine to two in its ruling that a district court had properly declined to suppress the evidence, according to reports. Gourde’s attorney has said he will consider appealing the case to the U.S. Supreme Court.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

BranditScan Rolls Out 2 New Platform Features

BranditScan has introduced its new Traffic Optimization and Doxing Protection features for creators.

NMG Management Partners With Cosplayground to Scale Distribution

NMG Management has partnered with Cosplayground to expand the studio’s digital distribution and licensing operations.

Dreamcam Rolls Out 'Voice Translator AI'

Dreamcam has introduced a Voice Translator AI to its livestreaming platform.

UK Government May Limit 'Step' Porn Ban With New Amendments

The U.K. Ministry of Justice on Friday revealed new government amendments to the pending Crime and Policing Bill, potentially limiting a pending ban on “step” content to apply only if adult performers role-play as minors.

Arizona Senate Removes 'Catch-22' Provision From Consent Bill

The Arizona State Senate has amended a bill that would impose new requirements for adult content uploaded online, removing a seemingly contradictory provision that could have effectively made it impossible for adult sites to operate in the state.

Climaxx Media Launches Networking Platform

Climaxx Media has officially launched its new networking platform.

Italian Court in Aylo Case Limits International Reach of AV Rules

An Italian administrative court has ruled that Italy’s recently-enacted age verification rules for adult content may not currently be enforced against sites based in other EU member states, pending further procedural action under the EU’s Directive on Electronic Commerce.

OCC, FDIC Prohibit Use of 'Reputation Risk' by Regulators

The Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) on Tuesday issued a final rule codifying the elimination of ‘reputation risk’ as a criterion in their supervision of financial institutions.

Wisconsin Governor Vetoes Age Verification Bill

Gov. Tony Evers on Friday vetoed AB 105, an age verification bill that would have allowed anyone to sue adult content providers for damages over alleged failure to age-verify users in Wisconsin, with penalties of up to $10,000 per violation.

FSC Releases Statement on Wisconsin Governor Vetoing AV Bill

The Free Speech Coalition has released a statement on Wisconsin Governor Tony Evers' veto of the state's age verification legislation.

Show More