DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
082261P.pdf 07/20/2009 United States v. Michael Alexander
U.S. Court of Appeals Case No: 08-2261
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Shepherd, Author, with Chief Judge Loken and Wollman,
Circuit Judges]
Criminal Case - suppression. District court did not err in denying
motion to suppress based on challenge to validity of search warrant. Even
if warrant application had disclosed the defendant was present in the
secretly recorded videos, magistrate could reasonably assume that a
probability of criminal conduct was shown based on invasion of privacy
when video was taken of others in the nude. Warrant was not facially
overbroad in allowing search of storage of digital images. Based on plain
view doctrine, police did not unlawfully expand the scope of the
invasion-of-privacy search into a search of child pornography. Challenge
to second search warrant fails.