N-MCCA: Def’s consent to recovery of laptop from him already searched and returned was independent source

On a Navy ship, a crewmember accessing the ship’s LAN looking for a movie stumbled into defendant’s computer on the LAN and found child pornography. He reported what he found and that it came from MAYO-PC. They found the laptop and the child porn then returned it, ordering the child porn destroyed. Then a criminal investigation opened and NCIS got involved and they went to defendant four days later and asked for the laptop back and he gave it. That was consent and independent of any prior possible constitutional violation from the first seizure of defendant’s laptop. United States v. Mayo, 2015 CCA LEXIS 161 (N.-M. Ct. Crim. App. April 28, 2015).

Defendant’s mother’s consent to enter to arrest him was a credibility determination, and the evidence supports it. Matter of Gilbert M., 2015 NY Slip Op 03472, 2015 N.Y. App. Div. LEXIS 3447 (1st Dept. April 28, 2015).* Same here, except the defendant was the consenter. State v. Vaught, 2015 Conn. App. LEXIS 162 (May 5, 2015).