United States of America v. Christopher Todd Boudreau

Billings, Montana, criminal defense lawyer represented the Defendant charged with attempted coercion and<br>
enticement of a minor to engage in illegal sexual activity under 18 U.S.C. § 2422(b) and possession of child<br>
pornography under 18 U.S.C. § 2252A(a)(5)(B).<br>
<br>
Detective Travis Wafstet works in the Missoula County<br>
Sheriff's Office and is also a member of the FBI's Child<br>
Exploitation and Human Trafficking Task Force. He created<br>
several accounts for a fictional 12-year-old girl named "Mia”<br>
on various social-media and online-dating platforms. In July<br>
2022, Boudreau contacted "Mia” on Facebook. "Mia”<br>
provided her cell phone number, and for a week Boudreau<br>
texted with her extensively. Boudreau acknowledged that he<br>
was communicating with someone he believed was a 12-<br>
year-old girl, and at various points expressed a sexual<br>
interest in her. Eight days after making initial contact with<br>
"Mia,” Boudreau traveled from his home in Anaconda,<br>
Montana, to Missoula, intending to meet and have sex with<br>
"Mia,” which he indicated would be her "first time.” He was<br>
arrested at the designated meeting location after law<br>
enforcement observed him following directions sent in text<br>
messages from "Mia's” number.<br>
<br>
* * *<br>
<br>
A warrant may "be no broader than the probable cause<br>
on which it is based.” United States v. Weber, 923 F.2d 1338,<br>
1342 (9th Cir. 1990). A warrant is supported by probable<br>
cause if, based on the totality of the circumstances, the<br>
application establishes "a fair probability that contraband or<br>
evidence of a crime will be found in a particular place.”<br>
Illinois v. Gates, 462 U.S. 213, 238 (1983); see also United<br>
States v. Gourde, 440 F.3d 1065, 1069–74 (9th Cir. 2006)<br>
(en banc) (stressing the application of the "fair probability”<br>
standard in child pornography cases). The issuing judge is<br>
"entitled to rely on the training and experience of police<br>
officers” when evaluating whether a warrant affidavit<br>
establishes probable cause. United States v. Parks, 285 F.3d<br>
1133, 1142 (9th Cir. 2002) (quoting United States v. Gil, 58<br>
F.3d 1414, 1418 (9th Cir. 1995)); see also Weber, 923 F.2d<br>
at 1345 ("It is well established that [an] expert opinion may<br>
be presented in a search warrant affidavit.”). And appellate<br>
courts are to give "great deference” to the issuing-judge's<br>
probable-cause determination, interpretating affidavits in a<br>
"common[ ]sense” rather than "hypertechnical” manner.<br>
Gates, 462 U.S. at 236.

The defendant was found guilt and was sentenced to 154 months in prison.<br>
<br>
Affirmed