United States v. Harper, No. 14-1908 (8th Cir. 2015)
Annotate this CaseOfficers obtained a warrant and searched an Arkansas home where an identifiable internet connection and computer had been used to receive child pornography, but did not find the computer. The home’s wireless network was unsecure and could be accessed from neighboring homes. During the search, officers observed Harper leaving a neighboring home in a truck bearing Oklahoma license plates. Officers knew the computer being sought had been used in the vicinity of Owassa, Oklahoma, to download child pornography. Officers ran the plates and discovered Harper had an outstanding warrant for contempt. Officers approached the home and talked to Harper's girlfriend, who stated she and Harper had recently moved to Arkansas from Owassa. Officers eventually located Harper, arrested him, searched his truck, and discovered a computer and a thumb drive in a backpack in a truck-bed toolbox. Later, at the police station, officers gave Harper a Miranda warning, and he signed a consent form to allow search of the computer and thumb drive. After officers discovered child pornography, Harper admitted he had downloaded the images. Harper moved to suppress the materials found in the truck. The parties dispute whether an officer asked for or obtained consent before searching the truck or toolbox. Harper entered a conditional plea agreement to Receipt of Images of Child Pornography, 18 U.S.C. 2252(a)(2); (b)(1). The Eighth Circuit upheld denial of the motion to suppress and his sentence of 121 months' imprisonment.
Court Description: Per Curiam - Before Loken, Murphy and Melloy, Circuit Judges] Criminal case - Criminal law. District court's decision to deny defendant's motion to suppress on the ground defendant consented to the search is affirmed; the fine imposed was not clearly erroneous and did not affect the integrity or public reputation of the proceedings.
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