United States Sixth Circuit

Conviction of defendant for child pornography related crimes is affirmed where: 1) considering the totality of the circumstances, the district court did not clearly err in finding that defendant's then-wife consented to officers' continued entry into the residence; 2) defendant's pre-Miranda statements were properly included in an affidavit as the initial interrogation did not present a custodial environment such that Miranda warnings were required prior to questioning; 3) defendant's post-arrest statements were properly included in the affidavit as the officers immediately advised defendant of his Miranda rights and defendant does not argue that his waiver was involuntary or coerced; 4) the officers' plain-view observations were properly included in the affidavit; and 5)the affidavit was supported by probable cause.

Appellate Information

• Argued 04/28/2010
• Decided 06/09/2010
• Published 06/09/2010

Judges

• Before CLAY and GILMAN, Circuit Judges; ZATKOFF, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Jeffrey J. O'Hara, Law Office, Grand Rapids, Michigan, for Appellant. Daniel Y. Mekaru, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF:Jeffrey J. O'Hara, Law Office, Grand Rapids, Michigan, for Appellant. Daniel Y. Mekaru, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.