United States v. Whaley » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

United States v. Whaley

United States v. Whaley

Case Date: 02/16/2011
Citation: United States v. Whaley, 415 F. App'x 129 (11th Cir. 2011)
Court Type: Federal Circuit Court
Court: 11th Circuit Court of Appeals (11th Cir.)
Judge: Circuit Judge: Per Curiam
Rule(s): 4th Amendment
Issues:

Defendant appealed his conviction for possession of child pornography. Specifically, Defendant challenged the district court’s denial of his motion to suppress evidence taken from his laptop.

Resolution:

The Court affirmed the trial court’s denial of Defendant’s motion to suppress. Defendant was at the police station for failing to comply with sex offender notification law in Florida and for providing a fake name in the investigation of an apartment fire. At the police station, Defendant directed authorities to get his laptop out of his car so that he could show off a flight simulator program. With Defendant’s consent, authorities used the laptop and opened a folder titled “auto racing 13,” believing it to be the flight simulator program, as Defendant’s laptop scroll function was not working which made it hard to discern different folders and programs. Upon opening the program, authorities discovered child pornography in plain view. The Court thus held because the authorities happened upon the file in plain view with Defendant’s consent, the motion to suppress was correctly denied. Moreover, because Defendant gave consent to continue searching, a search warrant was not required.

Relevant Documents:

Initial Brief for Appellant

Brief for the United States

E-Discovery Issues: Admissibility, Motion to Suppress
E-discovery Tags: Forensic Analysis/Examination, Mirror Imaging, Privacy, Sources of ESI
E-discovery subjects: Computer, Hard drive

Published: March 19th, 2018

Category: Uncategorized


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