Criminal Law-Child Pornography-Conditions of Supervised Release-Reasonable Suspicion for Search

Staff Report//April 8, 2026//

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Defendant appealed his conviction and the revocation of supervised release. Defendant was on supervised release for a prior child pornography condition, with the conditions of his release requiring him to submit to searches of his residence upon reasonable suspicion and to advise the probation office of all internet-capable equipment that he possessed or to which he had access. A subsequent search of defendant’s home uncovered unrecognized electronic devices and a sticky note with potential passwords on a computer. Police searched the devices and uncovered child pornography. On appeal, defendant argued that police lacked reasonable suspicion to search his residence.

Where defendant had not reported the electronic devices to the probation office, the officers had reasonable suspicion to conduct a subsequent search of his home that uncovered the child pornography supporting defendant’s subsequent charges.

Judgment is affirmed.

U.S. v. Berry (MLW No. 84572/Case No. 24-2337 & 23-2342 – 5 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri, Limbaugh, J.