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S.D.Ala.: Seizure of computer to locate children in child porn not misleading defendant to get consent

By John Wesley Hall, Jr.

The officer got defendant's consent to take and search his computer by saying that he wanted the child pornography to locate the abused children. This was not a material misrepresentation to get consent. It doesn't work that way in getting statements, either. Computer search not suppressed. United States v. Webb, 2010 U.S. Dist. LEXIS 75 (S.D. Ala. January 4, 2010): Webb's primary argument is that he was tricked into consenting because he believed that the agent's purpose was to find and protect the children that were depicted in the images. The recording clearly supports a finding that the agent's statement led Webb (or any reasonable person) to believe that the agent's primary purpose for asking for consent was to find the abused children...continue to full post

Full post as published by Fourth Amendment on January 07, 2010 (boomark / email).