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USAv.Eric Thomas

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.14-14680
DecidedApril 1, 2016
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureSearch WarrantWarrantless SearchEvidenceDigital Evidence
Case Summary

Eric Thomas was convicted of knowingly accessing a computer with intent to view child pornography after investigators conducted a forensic scan of a home computer and later obtained a search warrant. Thomas moved to suppress the evidence, arguing that a co-tenant lacked authority to consent while another occupant was asleep and that the forensic scan exceeded the scope of consent. The Eleventh Circuit affirmed. It held that the circumstances gave officers an objectively reasonable basis to rely on the co-tenant’s consent to examine the computer, and that the later revocation of consent did not invalidate evidence already obtained or prevent officers from seeking a warrant. The court further held that the warrant was supported by probable cause and that the evidence was admissible under the independent-source doctrine because investigators would have sought the warrant even without the challenged forensic scan. The court rejected Thomas’s request to exclude the evidence and affirmed the district court’s judgment. The published opinion addressed a recurring question about shared computer access, consent, and digital searches.

Opinion

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