United States Eighth Circuit

In a prosecution for possession of child pornography, denial of a motion to suppress evidence seized during a warrantless search of defendant's home computer is affirmed where, under the totality of the circumstances, the seizure of defendant's home computer was reasonable and the Fourth Amendment was not violated when the officers sought his wife's consent despite having received defendant's previous refusal. Portions of the panel opinion relating to another search and the voluntariness of the wife's consent are reinstated. (En banc opinion)

Appellate Information

• Decided 03/11/2008
• Published 03/11/2008

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.