United States v. Koch
2010 U.S. App. LEXIS 23629
| 8th Cir. | 2010Background
- Koch was convicted of possession of child pornography in a bench trial; sentence 78 months and five years of supervised release.
- Investigation began in 2006 about illegal gambling; May 2007 search yielded a Compaq computer and flash drive among other items.
- A disposal-of-property order was obtained from a state court in January 2008 before reviewing the evidence for training or disposal.
- Agent Weidman opened the flash drive briefly during disposal review and saw child pornography, prompting a report to ICAC and a new warrant.
- Forensic analysis later revealed extensive child-pornography images on both devices; suppression motion challenged the seizure’s scope and good-faith basis.
- District court denied suppression; Koch challenged on sufficiency, evidentiary rulings, sentence enhancements, and supervised-release conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of flash-drive evidence on good-faith basis | United States | Koch | District court correct; good-faith exception applies |
| Sufficiency of evidence of knowing possession | United States | Koch | Sufficient evidence Koch knowingly possessed images |
| Admissibility of certain evidence and hearsay objections | United States | Koch | District court did not abuse its discretion |
| Application of sentencing enhancements and reasonableness | United States | Koch | Enhancements proper; sentence presumptively reasonable |
| Conditions of supervised release | United States | Koch | Conditions reasonably related and not abuso |
Key Cases Cited
- Romo-Corrales, 592 F.3d 915 (8th Cir. 2010) (standard of review for suppression and factual findings)
- Rodriguez-Hernandez, 353 F.3d 632 (8th Cir. 2003) (substantial evidence standard for suppression decisions)
- Perry, 531 F.3d 662 (8th Cir. 2008) (reasonable officer standard for good faith under Leon)
- Herring v. United States, 129 S. Ct. 695 (Supreme Court 2009) (good-faith exception and conduct of officers)
- United States v. Leon, 468 U.S. 897 (Supreme Court 1984) (good-faith exception to the exclusionary rule)
- United States v. Proell, 485 F.3d 427 (8th Cir. 2007) (application of good-faith exception in existence of dispositional orders)
- United States v. Mugan, 441 F.3d 622 (8th Cir. 2006) (interstate commerce nexus via materials manufactured abroad)
- United States v. Stults, 575 F.3d 834 (8th Cir. 2009) (conditions of supervised release and reasonableness)
- United States v. Ristine, 335 F.3d 692 (8th Cir. 2003) (reasonableness of computer/internet-use restrictions)
- United States v. Crume, 422 F.3d 728 (8th Cir. 2005) (educational/commercial computer-use considerations in restrictions)
- United States v. Johnson, 450 F.3d 831 (8th Cir. 2006) (per se finding on sadistic or masochistic conduct images)