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Hard drives and computer disks seized during the search of the residence revealed images of child pornography. The district court did not err in denying both motions to suppress.
Estey contends that his confession was involuntary because it was obtained by a promise of leniency from law enforcement officers. “The test for determining the voluntariness of a confession is whether the police extracted the confession by threats, violence, or direct or implied promises, such that the defendant's will was overborne and his capacity for self-determination critically impaired.” United States v.
Brewer, 588 F.3d 1165, 1173 (8th Cir.2009) (internal quotations omitted).
“There is no bright-line test for determining when information is stale ․ time factors must be examined in the context of a specific case and the nature of the crime under investigation.” United States v. The factors in determining whether probable cause has dissipated, rendering the warrant fatally stale, “include the lapse of time since the warrant was issued, the nature of the criminal activity, and the kind of property subject to the search.” United States v. We agree with the district court's determination that the information in the search warrant was not stale.
In a suppression hearing, the district court ruled that the five-month delay prior to executing the warrant did not render the warrant invalid.
The district court based its ruling on prior court decisions and FBI testimony explaining that child pornographers commonly retain pornography for a lengthy period of time.
It does not mention or allude to pornography or obscenity. ․ Does anybody belong to any groups that have a position on this type of subject matter? Background A computer crime investigation unit in Spain informed the Federal Bureau of Investigation (“FBI”) of computer IP addresses in the United States that were sharing child pornography using e Donkey and e Mule peer-to-peer file-sharing software.Photographs on Estey's computer corresponded to images discovered by the Spanish investigation unit. The district court did not err in denying the motions to suppress. First, he argued that his confession was elicited in violation of the Fifth Amendment; and, second, that the probable cause for the search warrant for his residence was stale, in violation of the Fourth Amendment.“We examine the factual findings underlying the district court's denial of the motion to suppress for clear error and review de novo the ultimate question of whether the Fourth Amendment has been violated.” United States v.Williams, 577 F.3d 878, 880 (8th Cir.2009), citing United States v. Probable cause for a warrant search “exists if there is a fair probability that contraband or evidence of a crime will be found in a particular place.” United States v. “A warrant becomes stale if the information supporting is not sufficiently close in time to the issuance of the warrant and the subsequent search conducted so that probable cause can be said to exist as of the time of the search.” United States v.
Estey's motion relates to the conduct of a juror during voir dire. Estey's argument that the district court abused its discretion in denying his motion for a new trial because a juror lied about a material matter during voir dire is unpersuasive.