Tuesday, June 16, 2020

United States v. Wagner, 951 F.3d 1232 (10th Cir. 2020) sufficiency possession & receipt child porn; warrant - good faith exception; warrant – staleness; statement –voluntariness; Miranda – in custody; outrageous gov. conduct; hearsay – statement of party opponent.

Short version: Good faith exception allows out-of-jurisdiction warrants for child porn on the internet. If you have child porn, you’ll hoard it so staleness isn’t a concern. If you are talking to agents on your front porch, you are not in custody; agents giving you a chance to explain isn’t coercive or implied leniency so you’re statement is voluntary. Government seizing control of servers and continuing to operate them as usual is not outrageous government conduct. Downloading child porn sufficient for receipt.
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