In the nine to two decision by the en banc Ninth Circuit panel in United States v. Gourde, the court ruled that probable cause existed to search the defendant's home computer based in part on his two-month subscription to a website that offered child pornography. The majority opinion sought to conform to Supreme Court precedent in its probable cause analysis, while the dissenting opinions expressed great concern about the door being opened to this type of governmental invasion of privacy. Gourde has sparked reactions by commentators regarding the implications of the decision, and has influenced the analysis of subsequent child pornography search cases.
To Download or Not to Download: Is Mere Membership Enough to Justify a Search of a Home Computer for Child Pornography Under United States v. Gourde?, 37 Golden Gate U. L. Rev.