United States v. Kinison, No. 12-5997 (6th Cir. 2013)
Annotate this CaseOmstott told Lexington police that her boyfriend, Kinison, was involved in criminal sexual activity with children and that Kinison had been sending text messages concerning his desire to get involved with a Savannah group that allegedly adopts children and allows people in the group to engage in sex with those children. Agents downloaded 1,646 pages of text messages with her consent; the messages corroborated Omstott’s claims. In one message Kinison suggested that they could babysit a child under two-years-old that would not be able to talk so that they could, perform sexual acts on the child, and take photos to send to the group. Omstott claimed Kinison was viewing pornographic videos on his home computer. After obtaining warrants, agents seized a computer and a cell phone from Kinison’s house and the phone from his car. He was indicted for receiving and possessing child pornography, 18 U.S.C. 2252(a)(2) and 2252(a)(4)(B). Kinison admitted in a post-Miranda statement that he authored and sent the text messages. The district court granted Kinison’s motion to suppress. The Sixth Circuit reversed, stating that there was “no culpable police conduct to deter here.”
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