The record supports the conclusion that defendant, a probationer, knew that the police were “on his tail” that he possessed child pornography and expressed concern about finding child pornography on his electronics. Thus, the police acted reasonably in seizing a computer without a warrant. United States v. Martin, 2016 U.S. Dist. LEXIS 51620 (E.D.N.C. April 18, 2016), R&R 2016 U.S. Dist. LEXIS 51619 (E.D.N.C. Feb. 3, 2016).
In an immigration stop case where the USMJ recommended granting the motion to suppress, the government successfully appealed to the USDJ who remanded, the USMJ on remand reaffirms the grant of the motion to suppress, partly on credibility grounds. “A reasonable border patrol agent with Agent Morin’s training and experience would not have found that the circumstances here amounted to reasonable suspicion.” They were too innocuous. United States v. Sulema, 2016 U.S. Dist. LEXIS 49096 (D.N.M. April 7, 2016).*