United States v. Dominick Pelletier
2012 U.S. App. LEXIS 24016
| 7th Cir. | 2012Background
- Pelletier applied for FBI employment, underwent a polygraph interview, and learned of potential child-pornography on his computer.
- During the interview, Pelletier admitted to looking at images during a graduate project; he later wrote a statement describing his views and admitted possessing some images.
- Agent Dempsey joined the interview, conducted a low-key interview without Miranda warnings, and Pelletier refused computer searches, then consent to search was obtained after pressures and assurances.
- Pelletier was not arrested; he remained cooperative, and the interview spanned from about 9:49 a.m. to 3:20 p.m. in the FBI field office.
- The FBI obtained a consent-to-search after Pelletier reluctantly agreed; the government later found more than six hundred images on Pelletier’s computer and charged him with possession of child pornography.
- The district court denied suppression motions, holding no custody for Miranda and voluntary/involuntary consent but ultimately applying the inevitable discovery doctrine to sustain the search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Pelletier in custody for Miranda purposes? | Pelletier asserted custody began when child-pornography was likely or when Dempsey entered the room with badge. | The interview was a job screen, not custodial police interrogation, despite length and arming of an agent. | Not custodial; no Miranda warnings required. |
| Is the search of Pelletier's computer admissible under inevitable discovery? | Consent was involuntary; suppression should apply. | Even if involuntary, inevitable discovery applies because warrants would have been obtained. | Inevitable discovery applies; conviction affirmed. |
Key Cases Cited
- Howes v. Fields, 132 S. Ct. 1181 (Sup. Ct. 2012) (custody factors and coercive environment analysis)
- J.D.B. v. North Carolina, 131 S. Ct. 2394 (Sup. Ct. 2011) (age considerations in custody determinations)
- Maryland v. Shatzer, 130 S. Ct. 1213 (Sup. Ct. 2010) (custody and interrogation at police stations)
- Berkemer v. McCarty, 468 U.S. 420 (U.S. 1984) (objective custody analysis)
- Marrocco, 578 F.3d 627 (7th Cir. 2009) (inevitable discovery framework and warrant likelihood)