CA7: RS present for border search of thumb drives of convicted sex offender

Defendant had a prior sex offense with a minor from 1997. HSI started investigating him in 2015 for his travels to Ukraine. “Skaggs frequently traveled overseas; Skaggs was the director of the Ukrainian Angels Resource Network, according to his LinkedIn profile; and Skaggs’s Facebook profile contained several photographs of him with young boys and girls. Skaggs’s social media also revealed that he had been involved with several other overseas orphanages, and Agent Barrett knew from his training and experience that it is common for sex offenders to be involved with child-related organizations to gain access to potential victims, including at-risk or vulnerable youth.” When he arrived at MSP airport, he said his electronics had been stolen in Ukraine. When his luggage was searched at the border, four thumb drives were found. A further search of the drives revealed child pornography. There clearly was reasonable suspicion for a border computer search. United States v. Skaggs, 2022 U.S. App. LEXIS 3018 (7th Cir. Feb. 2, 2022).

Defendant’s credibility argument that the officer should not be believed that he could smell marijuana is rejected. United States v. Green, 2022 U.S. Dist. LEXIS 18968 (S.D.Ga. Feb. 2, 2022).*

Petitioner’s claim relying on the colloquy during the suppression hearing isn’t newly discovered information for a successor petition. It’s also barred by Franks. In re Mattis, 2022 U.S. App. LEXIS 3030 (11th Cir. Feb. 2, 2022).*

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