found in the defendant's home for soonest the execution of a search warrant that evidence was located on a computer hard drive and two compact disks i believe the record shows that the district court made errors in suppressing the evidence in this case first of all the court failed to recognize probable cause because the judge did not give deferen court failed to recognize the lien on good faith exception because it in essence put an unfair burden on the officer expecting that officer to have a sophistication of legal knowledge  challenge of finding that a prosecuting attorney and to state court judges found in which they believed probably probable cause had been stated on the record in the case shows that the defendant was  he was a bad guy i'm sorry you're out of the stipulated he was a bad guy well actually that's not my point in going through the evidence my point is to show that there were some very distinct patterns demonstrated only in one hundred ninety two and in two thousand and two that when examined together would lead to a conclusion that this is the kind of person that would have child pornography in his home because he was you know i'm sorry you're on because he because he was if you do feel that there was evidence that he was acting in pattern behavior as paedophiles do and because he had a computer he had easy access and he demonstrated having suggest that he's downloaded pornography from that computer right you know but there was a little yes or no yes ok so are you have in two thousand to to add to your probable cause is that he's acquired a computer but you have no connection important when you look even though we didn't have a computer in one thousand nine hundred two he did demonstrate that he had pictures of children he had he and drawings of children in sexually explicit congregate you know it seems to me this should win a state court charge i mean in other words you might have enough that he's a paedophile and he might collect things but you have nothing in one thousand nine hundred two to can connect him to the computer correct there were items that at that point in time would be analogous to what the computer offered him in two thousand election but you have no evidence to use the computer to download anything that's correct we don't butt we have other  detective knew that denial from a child when confronted with this isn't unusual and isn't a reason to stop looking and to stop the investigation and there's no evidence that the child said that they played a game on the computer but there was no evidence that there was anything sexual about anything down on the computers that is my recollection on the child's perspective that's different from the defendant's perspective that the defendant showed her picture of a lot of what this perspective i'm sorry her mother didn't think so either that's correct and the neighbor has some questions about that whether or not the mother was being attentive and she felt a responsibility to intervene and to question the child herself about what had happened in to give her pointers about staying away from the defendant because even an untrained person knew there was something terribly wrong with a forty seven year old man spending that kind of time and money on a nine year old child there was no explanation for it that seemed and i and even that neighbor told the police that and when the police investigated it that's when they found those links and they found that continuing pattern of evidence which is recognized by this court all the time they continuing pattern i mean back in one thousand nine hundred two there there is a chip there is an allegation but no charge problem through correct that's correct or they corroborate it later with the girl who brought it up yes ok so the defendant left the state he fled when he was being investigated and be off a stir suspended the case because he left the state and didn't feel she pursued it seems to me though you have the child and the mother who say there's no one in there and there's no other evidence except a neighbor's concern that's seems to me to be a fairly weak red to tie two to thousand  for the wrong reason or mistakenly you still have a professional responsibility to know what the fourth member requires and i don't think that's asking too much of a of an officer to to know when you're going to look for something and somebody had asked you have a reasonable basis for whether or not that is sufficient for probable cause of possession of child pornography all of the cases on child pornography ask the question raised the question whether there's evidence of molestation or pete feely why did they do that because it's  child pornography keep that in mind it's very important to leave you with an analogy drugs sometimes we have evidence of people using drugs and having drugs of distributing drugs of manufacturing growth we have direct evidence sometimes we have circumstantial evidence we might find in methamphetamine situation that a person has gone out and purchased sudafed at wal mart has purchased rubber tubing because per purchase out the customer isn't going to look at all that and say whom i but this person is get ready to cook some methamphetamine but the police officer is certainly going to be wary when he sees all of those elements coming together he's going to be even more wary when he finds out that the person has been known that there's evidence showing that the person has been involved with methamphetamine in the past and now he's getting right back up and demonstrating his interest in it by going out and buying