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 © 2025 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

Pornhub Releases 2025 'Year in Review' Report

Pornhub has released its “Year in Review Insights” report for 2025, the 12th edition of the site’s annual statistics, data analysis, and infographic initiative.

Washington AV Bill Jumps on 'Health Warning' Bandwagon

A new age verification bill in the Washington state legislature would require adult sites to post notices warning users of alleged health risks, despite a previous federal court ruling against such requirements.

BranditScan Launches '25 Days of Christmas' Promo

BranditScan has launched its 25 Days of Christmas promotion.

MelRose Michaels Named Host of Online Industry Edition of XBIZ Honors

Performer and entrepreneur MelRose Michaels will MC the online edition of the 2026 XBIZ Honors, set for Wednesday, Jan. 14, at the Kimpton Everly Hotel in Hollywood.

Irish Regulator: EU States to Ramp Up AV Enforcement for Smaller Sites

A representative of Irish media regulator Coimisiún na Meán told legislators that Ireland and other EU states are preparing to expand enforcement of age verification regulations to include smaller adult sites, British newspaper The Times is reporting.

Sansyl Group Acquires Blue Donkey Media

Sansyl Group, parent company of AdultPrime Network, has acquired Blue Donkey Media B.V., owner of Dutch adult site Meiden van Holland, among several other erotic websites and television channels.

Pineapple Support to Hold Mental Health Summit

The annual Pineapple Support Mental Health Summit is taking place Dec. 15-17.

Ofcom Fines AVS Group $1.3 Million for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed a penalty of one million pounds, or approximately $1.3 million, on AVS Group Ltd. after an investigation concluded that the company had failed to implement robust age checks on 18 adult websites.

Updated: Aylo to Help Test EU Age Verification App

Pornhub parent company Aylo plans to participate in the European Commission’s pilot program for its “white label” age verification app, a spokesperson for the company has confirmed.

Missouri Lawmaker Attempts to Revive 'Health Warnings' for Adult Sites

A Missouri state representative has introduced a bill that would require adult sites to post notices warning users of alleged physical, mental, and social harms associated with pornography, despite a previous federal court ruling against such requirements.

Show More