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.
083079P.pdf 12/17/2009 United States v. Stephen Brewer
U.S. Court of Appeals Case No: 08-3079
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Gruender, Author, with Melloy and Benton, Circuit Judges]
Criminal case - criminal law. The district court did not err in
concluding defendant was removed from his premises pursuant to a valid
ex parte order of protection and in furtherance of these concerns, and not
for the sake of avoiding his possible objection to a search of the premises;
as a result, his wife's consent was sufficient to permit the officers to
search the couple's home and seize defendant's computer equipment;
search warrants for home were supported by probable cause to believe
that defendant possessed photos depicting him sexually abusing a minor;
the district court did not err in finding that the federal government's
involvement in the investigation was not so significant as to render the
investigation federal in nature, and the state search warrants were
sufficient; several months delay in examining the contents of the
computer and media did not alter the probable cause analysis and the
forensic analysis did not violate the Fourth Amendment.