U.S. v. RUDDELL

No. 92-10451.

71 F.3d 331 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Jerome RUDDELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 4, 1995.


Attorney(s) appearing for the Case

Kristine K. Smith, Assistant Federal Public Defender, Reno, Nevada, for defendant-appellant.

Daniel C. Stark, Trial Attorney, Washington, DC, for plaintiff-appellee.

Before: Betty B. FLETCHER, Cecil F. POOLE, and Diarmuid F. O'SCANNLAIN, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We must decide whether a magistrate judge properly issued an anticipatory search warrant conditioned upon the controlled delivery of contraband.

I

On March 6, 1991, Ruddell wrote to an "adult" bookstore inquiring about obtaining videotapes of minors engaged in sexually explicit conduct. The bookstore informed the United States Postal Inspection Service of Ruddell's interest in child pornography. On April 3, an undercover...

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