Defendant, a Thai national here since 2009 on a permanent resident visa worked the counter at a 7-Eleven in Ft. Myers. A woman saw child pornography on his computer and reported him to the police. They came to his work to talk to him, and he consented to a search of his computer. The only contention was that he didn\u2019t understand enough English to validly consent. Testimony at the suppression hearing was conflicting, but the court credited that defendant understood the conversation with the officers and consented to the search of his apartment and computer. Even if the consent was tainted and excluded, the police had probable cause for the search warrant excising that information. United States v. Srisanthia, 2013 U.S. Dist. LEXIS 84761 (M.D. Fla. June 17, 2013).*<\/p>\n
Consent was recorded, and was requested and not demanded. It was voluntary. The fact he \u201cwas not feeling well\u201d does not undermine consent. State v. Davis<\/a>, 2013 NMSC 028, 304 P.3d 10 (2013).* <\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading