What is the test for a search warrant to search for child pornography?

To be valid under the Fourth Amendment a search warrant must be supported by probable cause. When making the probable cause determination, a magistrate judge must make a common sense account of all the circumstances, Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), and in doing so determine whether the information in the application is current or has become stale. See Rivera v. United States, 928 F.2d 592, 602

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(2d Cir.1991). The age of the supporting facts and the nature of the unlawful conduct is helpful in determining whether the information is stale, as is whether the supporting affidavit depicts continuing conduct or isolated and random instances of illegal conduct. See id.; United States v. Martino, 664 F.2d 860, 867 (2d Cir.1981). When a defendant is suspected of possessing child pornography, the staleness determination is unique because it is well known that "images of child pornography are likely to be hoarded by persons interested in those materials in the privacy of their homes." United States v. Lamb, 945 F.Supp. 441, 460 (N.D.N.Y.1996) (citing cases).