9th finds evidence of sexual abuse not related to CP

A search warrant was executed on Dougherty's home seeking evidence of child pornography. The only evidence demonstrated by law enforcement in its showing of probable cause was evidence of the suspect's attempted child molestation charge. The officer stated that in his experience, the two were connected. However, the Ninth Circuit found that probable cause did not exist. But because the issue is a circuit split, the officers were entitled to qualified immunity. The case is Dougherty v. City of Covina, 654 F.3d 892 (9th Cir. 2011).

The Second Circuit has held that crimes involving sexual abuse of children do not relate to child pornography. United States v. Falso, 544 F.3d 110 (2d Cir. 2008). The Sixth Circuit concurs. United States v. Hodson, 543 F.3d 286 (6th Cir. 2008). The Eighth Circuit, however, has found "[t]here is an intutive relationship between" such acts. United States v. Colbert, 605 F.3d 573 (8th Cir. 2010).