United States Eighth Circuit

A conviction and sentence for possession of child pornography is affirmed in part and reversed in part where the district court properly denied a motion to suppress the evidence resulting from a search and seizure of the business computer, but erred in finding that there was a valid consent to a warrantless search and seizure of his home computer, since his wife's consent did not overrule defendant's denial of consent.

Appellate Information

• Decided 08/25/2006
• Published 08/25/2006

Judges

• RILEY, Circuit Judge., Before LOKEN, Chief Judge, WOLLMAN, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, BENTON, and SHEPHERD, Circuit Judges, en banc.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Donald R. Cooley, Springfield, MO, argued, for appellant.


• For Appellees:
  
• Philip M. Koppe, Asst. U.S. Atty., Kansas City, MO, argued (Bradley J. Schlozman, U.S. Atty., Kansas City, MO, Rose A. Barber, Asst. U.S. Atty., Springfield, MO, on the brief), for appellee.