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CA9: Consent to seize computer for CP did not limit when it could be searched

By John Wesley Hall, Jr.

Defendant’s consent to seize his computer for child pornography did not limit when the government could get around to search it. United States v. Murinko, 2010 U.S. App. LEXIS 21835 (9th Cir. October 22, 2010) (unpublished)*: We reject Murinko’s contention that the FBI’s delay in obtaining a search warrant and forensically searching his computer violated his Fourth Amendment possessory interest. Murinko’s reliance on United States v. Mitchell, 565 F.3d 1347 (11th Cir. 2009) and United States v. Dass, 849 F.2d 414 (9th Cir. 1988) is misplaced. Mitchell and Dass both involved warrantless seizures based on probable cause, not consent. Defendant was not seized by officers when they were just asking questions. He was not seized until he gave his real name, and it was discovered that there was a warrant for his arrest...continue to full post

Full post as published by Fourth Amendment on October 26, 2010 (boomark / email).