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Index/Topics/Knowing Possession of Illicit Material

Knowing Possession of Illicit Material

The legal threshold for knowing possession of illicit material, specifically child pornography, and the distinction between probable cause for a search warrant and proof beyond a reasonable doubt at trial.

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Feb 4, 2026

How do courts distinguish between probable cause to search a computer and sufficient evidence to prove knowing possession at trial under §§2252/2252A?

Courts treat to search a computer and proof of at trial as distinct legal thresholds: probable cause is a practical, lower-level showing to justify a warrant, while conviction under 18 U.S.C. §§2252/2...