United States Eighth Circuit

Defendant's child pornography conviction is affirmed where: 1) a third party's consent to a search was valid so long as there was no evidence that police had removed defendant from the entrance of his house for the sake of avoiding a possible objection; 2) information in warrant applications supported the belief that child pornography would be found in defendant's home; and 3) the warrant was timely executed.

Appellate Information

• Decided 12/17/2009
• Published 12/17/2009

Judges

• GRUENDER, Circuit Judge., Before MELLOY, GRUENDER and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Daniel J. Lobdell, Wagstaff & Cartmell, LLP, Kansas City, MO, argued (John P. O'Connor, Wagstaff & Cartmell, LLP, John G. Gromowsky, The Gromowsky Law Firm, LLC, Kansas City, MO, on the brief), for appellant.


• For Appellees:
  
• Katharine Fincham, Asst. U.S. Atty., Kansas City, MO, argued (Matt J. Whitworth, Acting U.S. Atty., on the brief), for appellee.