The Fantasy Island District Court ("District Court") accepted the guilty plea of defendant Johnny Bigg ("Bigg") to violations of 21 U.S.C. 841(a)(1) and (b)(1) (manufacture of five grams or more of methamphetamine) and the Child Pornography Act of 1996 ("CPPA"), 18 U.S.C. 2252(A)(a)(5)(B), (possession of child pornography). Bigg appealed his conviction on the grounds that the seizure by Drug Enforcement Administration ("DEA") agents ("Agents") of evidence of such crimes violated his rights under the Fourth Amendment and that the CPPA at 18 U.S.C. 2252(A)(a)(5)(b) violates the First Amendment.
On November 19, 2000, Agents arrested Miles Church ("Church") in Puerta Vallarta for purchasing chemicals used in the illegal manufacture of a controlled substance, methamphetamine (Morrisey Affidavit ("MA") (MA.5)). For more than six weeks DEA agents had observed Church purchasing chemicals used in such manufacturing. Church told DEA agent Russ Morrisey ("Morrisey") that he used the chemicals to manufacture methamphetamine and that Bigg possessed at his home in Dream Cove equipment owned by Church which was used in such manufacturing (MA.5). In a phone call made by Church to Bigg, which DEA monitored, Bigg said he was then "bubbling out a reaction" (MA.6).
After driving to Dream Cove, sixty miles away, Morrisey and other Agents knocked on the front door of Bigg's residence where Morrisey identified himself as a law enforcement agent (MA.6). The Agents then heard the sounds of Bigg moving away from the door and glass breaking inside the residence. The Agents did not obtain an arrest warrant or a search warrant prior to entering the residence by force (MA.6; District Court Order ("CO") (CO.2)). The District Court found that three and a quarter hours elapsed between Morrisey's interview with Church and the entry into the residence (CO.3). Inside the residence, the Agents detected vapors of hydrogen chloride gas, a chemical commo...