United States Sixth Circuit

Denial of a motion to suppress evidence in a prosecution for receipt and possession of child pornography is affirmed over claims that: 1) the district court incorrectly concluded that a probation officer lawfully conducted an examination of the contents of defendant's computer and external drives; and 2) the government failed to meet its burden of proof establishing the applicability of the plain view exception.

Appellate Information

• Argued 05/31/2007
• Decided 08/31/2007
• Published 08/31/2007

Judges

• Before: GIBBONS and COOK, Circuit Judges;  CLELAND, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert D. Baker, Federal Public Defender's Office, Nashville, Tennessee, for Appellant.  Eli J. Richardson, Assistant United States Attorney, Nashville, Tennessee, for Appellee.   ON BRIEF:  Robert D. Baker, Michael C. Holley, Federal Public Defender's Office, Nashville, Tennessee, for Appellant.  S. Carran Daughtrey, Assistant United States Attorney, Nashville, Tennessee, for Appellee.