United States v. Rivera-Morales, No. 17-1258 (1st Cir. 2020)Annotate this Case
The First Circuit affirmed Defendant's conviction for production of child pornography, holding that the district court did not err in denying Defendant's motion to suppress a video on his cellphone under the private search doctrine.
When Defendant's wife was looking through pictures on Defendant's cellphone she discovered a video of the couple's daughter masturbating Defendant. The wife brought the cellphone to law enforcement authorities and directed their attention to the video. Defendant was subsequently indicted on a charge of production of child pornography. Defendant moved to suppress the video and his ensuing confession, arguing that the officers violated the Fourth Amendment by accessing the video without a warrant and prior to obtaining his consent. The district court denied the motion to suppress. Defendant was subsequently convicted and sentenced to a 360-month term of immurement. The First Circuit affirmed, holding (1) under the circumstances, the officers initially could not be said to have conducted a "search" of Defendant's cellphone, and two reexaminations of the video fell within the protections of the private search doctrine; and (2) there was no procedural error at Defendant's sentencing, and the sentence was substantively reasonable.