United States v. Donald Tosti
733 F.3d 816
| 9th Cir. | 2013Background
- Tosti was convicted of possessing child pornography in violation of 18 U.S.C. § 2252(a)(4)(B).
- He challenged suppression of evidence from a 2005 CompUSA computer service search and a 2009 home-office search.
- Private Suzuki discovered images during the CompUSA repair; detectives later obtained a warrant based on that information.
- In 2009, Tosti’s wife Annette consented to searches of the home office and media; she stated shared access and use of items.
- The district court denied suppression in part, suppressing only the October 20, 2009 items turned over by Annette.
- At sentencing, the court imposed a below-guidelines 96-month term, considering Tosti’s age and health.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 2005 private search is permissible under the Fourth Amendment | Tosti argues the private search exceeded privacy limits. | Tosti contends detectives amplified scrutiny beyond Suzuki. | Yes, 2005 search lawful; did not exceed private search scope. |
| Whether 2009 home-office/media searches were valid with consent | Ms. Tosti lacked actual authority to consent. | Ms. Tosti had apparent authority to consent. | Yes, consent valid under apparent authority. |
| Whether the district court abused discretion in sentencing regarding age/health | Age and infirmities justify downward variance to time served. | Court could consider but opted for a below-guidelines sentence. | District court acted within discretion; sentence reasonable. |
Key Cases Cited
- United States v. Jacobsen, 466 U.S. 109 (1984) (private search forecloses Fourth Amendment intrusion by government on same information)
- Walter v. United States, 447 U.S. 649 (1980) (private inspection revealing subject matter; government cannot search if private viewing not allowed)
- United States v. Young, 573 F.3d 711 (9th Cir. 2009) (hotel-room privacy considerations vs. third-party access)
- United States v. Murphy, 516 F.3d 1117 (9th Cir. 2008) (apparent authority standard for third-party consent)
- United States v. Welch, 4 F.3d 761 (9th Cir. 1993) (apparent authority doctrine components and test)