M.D.Fla.: Defendant’s wife could consent to search of family computer he predominately used

Defendant’s wife validly consented to a search of the family computer that produced child pornography. The computer was used predominately by defendant but everybody in the house had access to it. She found the child porn when she touched the mouse one morning, and open tabs came up with child porn visible, and she called the police. United States v. Thomas, 2014 U.S. Dist. LEXIS 33443 (M.D. Fla. February 14, 2014),* adopted 2014 U.S. Dist. LEXIS 33441 (M.D. Fla. March 14, 2014).*

Defendant was accused of copper theft because he sold copper that had been recently stolen. An officer went to the defendant’s house trailer and claimed to see copper inside through the window from the porch. Remanded for more fact finding on whether the officer had a lawful right of access to the house to seize it. State v. Alexander, __ N.C. App. __, 755 S.E.2d 82 (2014).*

The USMJ found the officers credible, and arguing the minor discrepancies on appeal is unavailing to undermine findings of fact. United States v. Platt, 2014 U.S. App. LEXIS 5034 (5th Cir. March 18, 2014).*