Judgment of the district court, granting defendant's motion to suppress evidence on the ground that the evidence of one-month subscription to child pornography was stale, is reversed and remanded where: 1) under the factors set forth in US v. Abboud, 438 F.3d 554 (6th Cir. 2006), the information presented to the magistrate judge was not stale; 2) the magistrate judge had a substantial basis to conclude that probable cause existed from the affidavit that the defendant, a registered sex offender, paid $79.95 to access a commercial child pornography web site using an email address and PayPal account connected to his residence; and 3) the magistrate judge could conclude that there was a fair probability that the evidence still existed sixteen months later.
Argued: August 6, 2009
Decided and Filed: October 8, 2009
Opinion by Circuit Judge Thapar
For Appellant: Nils R. Kessler, Assistant United States Attorney, Grand Rapids, Michigan
For Appellee: Helen C. Nieuwenhuis, Nieuwenhuis Law Office, Grand Rapids, Michigan