{"id":4819,"date":"2011-07-10T17:00:58","date_gmt":"2010-10-26T09:23:23","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-10-26T09:23:23","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4819","title":{"rendered":"CA9: Consent to seize computer for CP did not limit when it could be searched"},"content":{"rendered":"<p>Defendant\u2019s consent to seize his computer for child pornography did not limit when the government could get around to search it. <a href=\"http:\/\/www.ca9.uscourts.gov\/datastore\/memoranda\/2010\/10\/22\/09-30430.pdf\">United States v. Murinko<\/a>, 410 Fed. Appx. 2 (9th Cir. 2010) (unpublished)*:<\/p>\n<blockquote><p>We reject Murinko\u2019s contention that the FBI\u2019s delay in obtaining a search warrant and forensically searching his computer violated his Fourth Amendment possessory interest. Murinko\u2019s reliance on <a href=\"http:\/\/scholar.google.com\/scholar_case?case=13509762548585321955&amp;q=565+F.3d+1347&amp;hl=en&amp;as_sdt=1002\">United States v. Mitchell<\/a>, 565 F.3d 1347 (11th Cir. 2009) and <a href=\"http:\/\/scholar.google.com\/scholar_case?case=9611181931388364442&amp;q=849+F.2d+414&amp;hl=en&amp;as_sdt=1002\">United States v. Dass<\/a>, 849 F.2d 414 (9th Cir. 1988) is misplaced. Mitchell and Dass both involved warrantless seizures based on probable cause, not consent.\n<\/p><\/blockquote>\n<p>Defendant was not seized by officers when they were just asking questions. He was not seized until he gave his real name, and it was discovered that there was a warrant for his arrest. United States v. Anthony, 2010 U.S. Dist. LEXIS 112736 (N.D. Tex. October 21, 2010).*<\/p>\n<p>Officers were in defendant\u2019s house with a search warrant for child pornography traced to the residence by the IP address. The officers let defendant\u2019s wife and child leave to take the child to school. He was free to move around the house during the questioning, and he was not in custody for Miranda purposes. United States v. Asher, 2010 U.S. Dist. LEXIS 112823 (N.D. Ga. October 21, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4819\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4819","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4819","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4819"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4819\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4819"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4819"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4819"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}