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.
191966P.pdf 01/04/2021 United States v. Gregory Stephen
U.S. Court of Appeals Case No: 19-1966
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Gruender, Author, with Colloton and Grasz, Circuit Judges]
Criminal case - Criminal law and sentencing. A private party who
discovered a hidden camera while performing repair work on defendant's
home was not a government agent when he took the device, and his seizure
and search of the device were not subject to the Fourth Amendment; by
taking the device from the private party, the police chief did not
meaningfully interfere with defendant's possessory interest in it because
the private party had already taken it from him; in any event, the chief
had probable cause to believe that the device contained child pornography
and that exigent circumstances justified seizing it without obtaining a
warrant; the Iowa Division of Criminal Investigations did not exceed the
scope of the search warrant when it viewed the device's content;
defendant's 180-year sentence was not substantively unreasonable.