Defendant stayed with a couple in their basement, using their computer. The woman of the couple consented to an entry and a viewing of the hard drive of the computer, and child porn was found. The court finds that the defendant did not have exclusive use of the area sufficient to preclude consent by the woman. (Also, the court noted that it was not his computer and he probably lacked an expectation of privacy in the hard drive because it was not password protected. The parties, however, failed to address that argument, so the court didn’t.) United States v. Sager, 2008 U.S. Dist. LEXIS 326 (N.D. Ind. January 2, 2008).*<\/p>\n
Utah parole agreement’s language that the parolee “‘permit’ searches upon reasonable suspicion” did not mean that the parolee had to consent. The Utah courts had already rejected similar arguments in the past (also, “allow” searches). Here, a social worker passed on information about defendant’s criminal associations. “[A]lthough the record contains little information about when Officer Hansen received the tip from the DCFS social worker, the social worker’s information was sufficient to support the search of a probationer.” United States v. Carter<\/a>, 511 F.3d 1264 (10th Cir. 2008).*<\/p>\n Officers busted Cook, and then rolled him on the defendant via a controlled buy. When Cook came out and met with the officers, he said that defendant would be leaving soon, before they could get a warrant, so an officer approached the house to do a knock and talk. The district court found that defendant consented to the entry. While they were first inside, defendant was agitated and moving around, and the officers did a protective sweep for others, but did not search. Another officer went off for a warrant, and the defendant fell asleep. They searched after the warrant returned, and the motion to suppress was properly denied. Nothing was seized during the protective sweep because officers waited for the search warrant. United States v. Legette<\/a>, 260 Fed. Appx. 247 (11th Cir. 2008)* (unpublished).<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading