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082261P.pdf   07/20/2009  United States  v.  Michael Alexander
   U.S. Court of Appeals Case No:  08-2261
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Shepherd, Author, with Chief Judge Loken and Wollman,
   Circuit Judges]
Criminal Case - suppression. District court did not err in denying motion to suppress based on challenge to validity of search warrant. Even if warrant application had disclosed the defendant was present in the secretly recorded videos, magistrate could reasonably assume that a probability of criminal conduct was shown based on invasion of privacy when video was taken of others in the nude. Warrant was not facially overbroad in allowing search of storage of digital images. Based on plain view doctrine, police did not unlawfully expand the scope of the invasion-of-privacy search into a search of child pornography. Challenge to second search warrant fails.