A child pornography search warrant for all computers and computer-like stuff on the premises is not overbroad. Defendant\u2019s business record argument analogy completely fails. United States v. Fernandez, 2014 U.S. Dist. LEXIS 50818 (D. N.J. April 11, 2014).*<\/p>\n
Defendant\u2019s consent was valid. He was handcuffed and had the consent form translated for him. He was originally detained with guns drawn, but they\u2019d been holstered. He was unhandcuffed to sign the form, and he did. On the totality, the court finds the consent voluntary. United States v. Valle-Garcia, 2014 U.S. Dist. LEXIS 51194 (D. Nev. April 14, 2014).*<\/p>\n
The FBI agent in this case was Spanish trained and was previously posted for two years each in Mexico and Puerto Rico where he had to speak Spanish all the time. Defendant\u2019s claim that his dialect is Cuban rather than Mexican, if true, doesn\u2019t show anything because there\u2019s no showing they\u2019re at all different. His testimony on defendant\u2019s consent is credited. United States v. Valle-Garcia, 2014 U.S. Dist. LEXIS 51982 (D. Nev. March 25, 2014),* R&R 2014 U.S. Dist. LEXIS 51194 (D. Nev. April 14, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"
A child pornography search warrant for all computers and computer-like stuff on the premises is not overbroad. Defendant\u2019s business record argument analogy completely fails. United States v. Fernandez, 2014 U.S. Dist. LEXIS 50818 (D. N.J. April 11, 2014).* Defendant\u2019s consent … Continue reading