On the totality, defendant voluntarily consented to the search of her home. There were officers there with body cameras, but the discussion about consent wasn’t captured. Other officers were looking through the house [maybe a protective sweep]. One officer, apparently absentmindedly, picked up a cigarette box on a table between them. The officer was examined about it, but defendant wasn’t. The court finds that this did not create an impression in defendant it was futile to refuse consent. United States v. White, 2019 U.S. App. LEXIS 16873 (6th Cir. June 4, 2019).
It was a reasonable inference in the affidavit for a child pornography search warrant that defendant was downloading child porn. The district court’s findings that any omissions from the search warrant affidavit were not material and negligent at worst are supported by the record. United States v. Kaiser, 2019 U.S. App. LEXIS 16793 (9th Cir. June 4, 2019).*