United States v. Rogers, No. 09-2405 (1st Cir. 2011)Annotate this Case
The buyer of a personal computer found child pornography on the hard drive and contacted authorities. The seller, a non-commissioned Naval officer, was ordered to return to his home, where police were questioning his pregnant wife. His house was searched and he was questioned at the house and at the station. He entered a guilty plea under 18 U.S.C. 2252A(a)(5)(b) and 2258(8)(A), reserving the right to appeal denial of a motion to suppress. The First Circuit remanded. Given the influence of military authority, defendant was in custody when he was questioned at home without having received a Miranda warning. The situation at the house would have left any member of the armed services reasonably feeling that he lacked free choice to extricate himself, and sufficiently compelled to answer to authority. Authorities deliberately planned to subject defendant to unwarned questioning, so a warning issued after leaving the house may have been inadequate to cure the situation with respect to statements made at the station.
The court issued a subsequent related opinion or order on October 12, 2011.