D.N.J.: A child pornography search warrant for all computers and computer-like stuff on the premises is not overbroad

A child pornography search warrant for all computers and computer-like stuff on the premises is not overbroad. Defendant’s business record argument analogy completely fails. United States v. Fernandez, 2014 U.S. Dist. LEXIS 50818 (D. N.J. April 11, 2014).*

Defendant’s consent was valid. He was handcuffed and had the consent form translated for him. He was originally detained with guns drawn, but they’d been holstered. He was unhandcuffed to sign the form, and he did. On the totality, the court finds the consent voluntary. United States v. Valle-Garcia, 2014 U.S. Dist. LEXIS 51194 (D. Nev. April 14, 2014).*

The FBI agent in this case was Spanish trained and was previously posted for two years each in Mexico and Puerto Rico where he had to speak Spanish all the time. Defendant’s claim that his dialect is Cuban rather than Mexican, if true, doesn’t show anything because there’s no showing they’re at all different. His testimony on defendant’s consent is credited. United States v. Valle-Garcia, 2014 U.S. Dist. LEXIS 51982 (D. Nev. March 25, 2014),* R&R 2014 U.S. Dist. LEXIS 51194 (D. Nev. April 14, 2014).*