State v. Fuller
2014 UT 29
| Utah | 2014Background
- Police discovered child pornography on Fuller’s computer; charged with ten counts of sexual exploitation of a minor; under a plea, Fuller pled guilty to five counts of voyeurism and reserved the right to appeal the suppression order.
- Warrant issued December 2, 2008 by federal magistrate; attachments described search of premises and several devices for child pornography; search executed at Fuller home in Orem, Utah.
- IP address 67.186.233.246 linked to alleged child-pornography sharing via LimeWire; Comcast confirmed dynamic assignment to Robert Fuller; service address identified as 224 Woodland Drive, Orem.
- Investigators learned multiple occupants in the home, including Fuller’s brother Robert, Erin Branch (cousin), and others with prior sex offenses; search yielded eight computers and numerous files; Fuller admitted to using LimeWire and possessing thousands of images.
- Motion to Suppress denied; warrant not in record on appeal; Fuller argued lack of particularity and stale information; Franks v. Delaware challenge raised but not at trial; Fuller later pled guilty to five counts of voyeurism.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause and particularity of the warrant | Fuller argues the warrant lacked probable cause and was overbroad due to reliance on IP address only | State contends the warrant was facially valid, not stale, and sufficiently particular given corroborating evidence | Warrant had probable cause and was sufficiently particular |
| Franks challenge to omitted information in affidavit | Fuller sought Franks hearing for omissions that allegedly affected probable cause | Franks challenge forfeited; no evidentiary hearing warranted; omissions not proven critical | Franks challenge forfeited; no plain error found |
| Custody and Miranda rights | Questioning without Miranda warnings violated Fifth Amendment rights | Fuller was not in custody; Miranda rights not triggered | Fuller not in custody; Miranda rights not violated |
| Utah state constitutional claim adequacy | Fuller seeks greater protections under Utah Constitution | Claim inadequately briefed | State constitutional claim not reviewed |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 ((U.S. 1978)) (omission/false statements may trigger a Franks hearing only with proper showing)
- United States v. Colkley, 899 F.2d 297 ((4th Cir. 1990)) (omission/false information standards in Franks context)
- United States v. Craighead, 539 F.3d 1073 ((9th Cir. 2008)) (Franks-like challenges require precise showing)
- Hay v. United States, 231 F.3d 630 ((9th Cir. 2000)) (scope of probable cause in computer/child-pornography cases)
- United States v. Riccardi, 405 F.3d 852 ((10th Cir. 2005)) (limits of search of digital devices under warrants)