United States v. Faler, No. 15-3725 (8th Cir. 2016)
Annotate this CaseDefendant conditionally plead guilty to five counts of production of child pornography, and five counts relating to the registered sex offender enhancement. On appeal, defendant challenged the denial of his motion to suppress child pornography evidence. The court concluded that the district court did not clearly err in finding the officers’ entry into the apartment was gained from the resident's implicit consent where he opened the door wider and stepped aside when the officers asked to come in. Therefore, the subsequent seizure of the backpack and discovery of its contents is not fruit of the poisonous tree.
Court Description: Shepherd, Author, with Murphy, Circuit Judge, and Perry, District Judge] Criminal Case - suppression. The district court did not clearly err in finding Parks gave implied consent to enter the apartment to confront Faler and the subsequent seizure of the backpack and discovery of its contents is not fruit of the poisonous tree. The district court's order denying the motion to suppress is affirmed.
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