United States District Court, D. Nevada
REPORT AND RECOMMENDATION, MOTION TO SUPPRESS (ECF,
FOLEY, JR. UNITED STATES MAGISTRATE JUDGE
matter is before the Court on Defendant's Motion to
Suppress Evidence (ECF No. 50), filed on August 23, 2017. The
Government filed a Response (ECF No. 53) on August 28, 2017.
Defendant did not file a reply. The Court has determined that
this matter may be decided without oral argument and hereby
vacates the October 4, 2017 hearing.
case arises from a series of Cyber Tipline (cybertips)
reports sent by the National Center for Missing and Exploited
Children (“NCMEC”) from Google.
Complaint (ECF No. 1), ¶ 4. Cybertips
report when a user has allegedly uploaded images of child
pornography to Google Photos. Here, Detective Sean Taylor of
the Las Vegas Metropolitan Police Department
(“LVMPD”) received 10 cybertips that reported
alleged downloads of apparent child pornography from April 9,
2016 through July 30, 2016. Id. The LVMPD also
received a cybertip on August 23, 2016. Id. Based on
these cypbertips, Detective Taylor applied for and obtained a
search warrant for a residence located at 651 E. Twain #22,
Las Vegas, Nevada 89169 on August 31, 2016. Response
(ECF No. 53), Exhibit D (“Affidavit”). Detective
Taylor's probable cause offering contained in his
Affidavit was, in relevant part, as follows:
cybertips reported appear to belong to the same subject(s)
for the following reasons:
1. All of them have downloads from the same Internet Protocol
(IP) address of 126.96.36.199.
2. All of them have the same phone number of 702-806-3507.
3. They all have the same or similar email addresses with
Google reported a download of 141 images indicative of child
pornography and/or child erotica via the above listed IP