Clarifying the Probable Cause Standard in the Internet Age for Crimes Involving Child Pornography

Authors

Justin Kenyon

Abstract

Since the rise of the Internet Age in the early 1990s the distribution of child pornography has increased at a staggering rate. In response Congress has repeatedly enacted legislation with the goal of eliminating the child pornography industry however, to date, a uniform probable cause standard to find evidence of these crimes remains elusive. This article explores the various approaches used to establish a sufficient basis of probable cause to search for evidence of child pornography. Within the last decade a clear divide has formed around the question of whether a prior conviction of child molestation can contribute to a finding of probable cause in crimes involving child pornography. Ultimately, this article aims to clarify this dispute in order to prevent any further confusion in the considerations needed in evaluating the connection between these crimes.

Recommended Citation

Justin Kenyon, Clarifying the Probable Cause Standard in the Internet Age for Crimes Involving Child Pornography, 69 Cath. U. L. Rev. 633 (2020).
Available at: https://scholarship.law.edu/lawreview/vol69/iss3/11