9th Circuit throws out child pornography conviction, ruling officers had to stop searching a computer…
United States v. Holcomb
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9th Circuit throws out child pornography conviction, ruling officers had to stop searching a computer once the video they found showed the alleged rape almost certainly never happened.
Why it matters
The Ninth Circuit reversed John Holcomb's conviction for producing child pornography, holding that police violated the Fourth Amendment by continuing to search his computer after finding a video that effectively eliminated the probable cause that justified the search warrant. The court found that once officers watched the video and could see the alleged rape almost certainly had not occurred, probable cause dissipated, and no reasonable officer could have kept searching. Because the damning evidence of a different crime was found only after probable cause was gone, the court ruled it must be suppressed and sent the case back to the district court.
Who it affects
This ruling most directly affects law enforcement officers who conduct computer searches under warrants, requiring them to reassess whether probable cause still exists as the search unfolds. It also affects criminal defendants whose cases involve digital searches where the factual basis for the warrant may have changed during the search itself.
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Decision issued Jul 17, 2026
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Jul 17, 2026 · Published opinion
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DEEPER READ
This case asked whether evidence found on a suspect's computer must be suppressed when officers kept searching after discovering information that destroyed the probable cause behind their warrant. John Holcomb was arrested after a woman named JJ accused him of rape. Officers obtained a warrant to search his computer for evidence of that rape. The warrant had a provision about dominion and control that the district court found overbroad and lacking any time limit, but the district court still allowed the evidence in under the good-faith exception to the exclusion rule. Holcomb appealed. The Ninth Circuit majority held several things. First, when the second search warrant was issued, there was valid probable cause to search the computer for rape evidence. Second, the warrant's dominion and control provision was overbroad because it had no temporal limitation. Third, and most critically, when officers found and watched a surveillance video of the alleged rape and could see that the crime described in the warrant almost certainly had not happened, probable cause ceased to exist. Under binding precedent, no reasonable officer could have concluded that probable cause still existed after watching that video, and so no reasonable officer should have continued the search. The child pornography videos were found only after this point, meaning they were discovered without valid legal authority. The court also rejected the government's arguments that the evidence was in plain view and that the good-faith exception saved it. On plain view, the court found the disputed evidence did not qualify. On good faith, the court reasoned that while the initial search may have been in good faith, that good faith evaporated along with probable cause once officers saw the first video. The court further held that suppression was the right remedy because the deterrent effect on officers who continue searching after probable cause disappears is significant and outweighs the social cost of excluding the evidence. Judge Sung wrote a dissent, disagreeing on several grounds. She argued that no precedent required officers to stop and return to the magistrate after finding the first video. She also contended that faithfully applying the relevant line of cases, the officers did not violate the Fourth Amendment by continuing their search. She further argued that even if there was a duty to report back to the magistrate, suppression was not warranted because probable cause did not completely disappear. She also took issue with the majority's analysis of the good-faith exception, saying the majority erred in reaching that question after concluding the warrant was unreasonably executed. Finally, she said the case should be sent back to the lower court to separately address whether the overbroad dominion and control provision itself justified suppression. Going forward, this ruling reinforces that officers conducting computer searches under a warrant must stop searching if information they discover during the search eliminates the probable cause that justified the warrant in the first place. Evidence found after that point may be suppressed even if it relates to a different and serious crime.
CITATION AND RECORD
Record source: CourtListener
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 23-469 D.C. No. Plaintiff - Appellee, 2:21-cr-075-RSL v. JOHN HOLCOMB, OPINION Defendant - Appellant. Appeal from the United States District Court for the Western District of Washington Robert L. Lasnik, District Judge Argued and Submitted September 10, 2024 Seattle, Washington Opinion Filed March 27, 2025 Opinion Withdrawn September 11, 2025 Filed July 17, 2026 Before: Susan P. Graber and Jennifer Sung, Circuit Judges, and Jed S. Rakoff, District Judge. * * The Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, sitting by designation. 2 USA V. HOLCOMB Per Curiam Opinion; Dissent by Judge Sung SUMMARY ** Criminal Law The panel reversed the district court’s ruling on John Holcomb’s motion to suppress three videos found on his computer, vacated his conviction and sentence for producing child pornography, and remanded for further proceedings. Denying Holcomb’s motion to suppress, the district court held that a second search warrant’s dominion and control provision was overbroad and insufficiently particular, but that the good-faith exception applied. The panel held: • When a magistrate issued the second warrant, which authorized officers to search Holcomb’s computer for evidence of the crime of rape in the second degree, probable cause existed. • The warrant was overbroad and insufficiently particular because the warrant’s dominion and control provision lacked any temporal limitation. • Although the initial search may have proceeded in good faith, probable cause dissipated, as did any good faith, when the officers discovered the video of ** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. USA V. HOLCOMB 3 the alleged rape, showing them that the alleged crime described in the warrant almost certainly had not occurred. Under binding and longstanding precedent, no reasonable officer would continue searching after probable cause dissipated, and no reasonable officer could have concluded that probable cause existed after watching the video. • The disputed evidence was not in plain view. • Suppression is the appropriate remedy for the Fourth Amendment violation here because the deterrent effect is significant and outweighs the social cost. Judge Sung dissented. She wrote: (1) no precedent required the police to stop executing the warrant and report to the magistrate when they found the first video; (2) faithfully applying the line of cases on which the majority relies, the police did not violate the Fourth Amendment by continuing their search; (3) even if the police violated a duty to report to the magistrate, suppression is unwarranted because probable cause did not completely dissipate; (4) because the majority concludes that the police unreasonably executed the warrant, they erred in considering the applicability of the good-faith exception for reasonable reliance on a later-invalidated warrant; and (5) remand is necessary to determine whether the dominion and control provision justifies suppression. 4 USA V. HOLCOMB COUNSEL Matthew P. Hampton (argued), Jehiel I. Baer, and Jonas B. Lerman, Assistant United States Attorneys; Laura Harmon, Special Assistant United States Attorney, Criminal Division; Teal L. Miller, Acting United States Attorney; Tessa M. Gorman, United States Attorney; Office of the United States Attorney, United States Department of Justice, Seattle, Washington; for Plaintiff-Appellee. Colin A. Fieman (argued) and Gregory Geist, Assistant Federal Public Defenders; Alan Zarky, Research and Writing Attorney; Office of the Federal Public Defender, Seattle, Washington; for Defendant-Appellant. John C. Ellis Jr., Law Offices of John C. Ellis Jr. Inc., San Diego, California, for Amici Curiae Digital Forensic Examiners. Jennifer S. Granick, American Civil Liberties Union Foundation, San Francisco, California; Brett M. Kaufman, American Civil Liberties Union Foundation, New York, New York; Jazmyn Clark, American Civil Liberties Union of Washington Foundation, Seattle, Washington; for Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Washington Foundation. David B. Owens and Rachel Nowlin-Sohl, Attorneys; Averill L. Aubrey, Megan Haygood, Kayleigh McNiel, and Michael C. Orehek, Law Students; Civil Rights and Justice Clinic University of Washington School of Law, Seattle, Washington; for Amici Curiae Fourth Amendment Scholars. USA V. HOLCOMB 5 OPINION PER CURIAM: This case raises the familiar, but always troubling, question whether someone can be prosecuted for despicable criminal conduct using evidence obtained in violation of the Fourth Amendment. Here, officers conducting a search of Defendant John Holcomb’s computer, pursuant to a warrant, continued to search even after they learned that probable cause had ceased to exist, and they found damning evidence of a different crime only after probable cause had dissipated. In the circumstances, respect for the Constitution and the rule of law requires suppression of the evidence. FACTUAL AND PROCEDURAL BACKGROUND In the early hours of January 28, 2020, Holcomb called 911 from his house, and officers of the Burlington Police Department responded. When they arrived at Holcomb’s house, he said that he had recently rescued his ex-girlfriend, “JJ,” from sex slavery and that he had brought her to his house. Holcomb told officers that JJ was “acting crazy” and that he wanted her to leave. Officers then spoke with JJ, who claimed that Holcomb had forced her to have sex with him. She stated that she and Holcomb had engaged in sexual relations the evening before, in his bedroom, during which Holcomb took photographs of her on his cellphone without her consent. She also reported that Holcomb uploaded the photographs onto his computer. Later that evening, JJ stated, she agreed to perform oral sex on Holcomb in his bedroom. But she alleged that, when she told Holcomb that she wanted to stop, he pushed her head down and forcibly inserted his finger into her anus, causing 6 USA V. HOLCOMB her significant pain. JJ further claimed that, after being restrained by Holcomb against her will, she had finally managed to break free, had said “I’m done,” and had left the bedroom crying. Officers immediately investigated the alleged rape. That same day, they obtained a search warrant (the “first warrant”) for Holcomb’s house that authorized them to seize, but not search, his cellphone and computer. When officers executed the first warrant, they noticed that monitors connected to Holcomb’s computer displayed images from a surveillance system, which included a video camera in his bedroom. Later that evening, officers returned to Holcomb’s house and arrested him for rape. Holcomb insisted that the sexual encounter was consensual and that a surveillance video on his computer would prove his innocence. Holcomb’s then-girlfriend, who was at the house when Holcomb was arrested, confirmed Holcomb’s account. She explained that she had watched the
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