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.
122866P.pdf 06/06/2013 United States v. Mario Smith
U.S. Court of Appeals Case No: 12-2866
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Melloy, Author, with Bye, Circuit Judge, and Kopf,
District Judge]
Criminal case - Criminal law. Officers had probable cause to arrest
defendant based on their investigation of his fraud scheme and his actions
at the time of his arrest; even assuming some of the evidence that led to
that conclusion was the fruit of an illegal search in Los Angeles, the
connection between the Los Angeles incident and the current
investigation was sufficiently attenuated so as to purge the later
investigation of any taint from the original illegality; seizure of
defendant's bag was justified to preserve evidence of the offense which
might be found in the computer in the bag; it was reasonable for agents to
perform an inventory search of the bag and to place electronics found in
the bad in a Faraday bag to protect them and prevent them from being
remotely swiped; the district court did not err in rejecting a Franks
challenge to the warrant application submitted for the warrant to search
defendant's bag and its contents.