United States v. Lucas
2011 U.S. App. LEXIS 9549
| 6th Cir. | 2011Background
- Louisville police received CI tip Lucas was growing marijuana at 3750 Boone St.; plainclothes officers Conducted a knock-and-talk, observed marijuana paraphernalia in view and aroma of burnt marijuana.
- Lucas invited officers inside; plain-view pipe and drug paraphernalia were observed; consent to search discussed during the encounter.
- Lucas signed a written consent to search his residence for narcotics-related items after a brief hesitation and warning about rights to refuse and stop the search.
- Search of bedroom yielded marijuana plants and a camera with grow-related photos; officers then searched a laptop found in the living room.
- Lainhart found a handwritten grow chart on the laptop and, minorly, password status; while examining the laptop, a removable thumb drive revealed child pornography, triggering CACU involvement.
- CACU detectives obtained a second consent to search the computers; later, a state warrant was obtained and forensic analysis recovered hundreds of child-pornography images and videos.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lucas gave voluntary consent to search | Lucas argues consent was coerced | Lucas contends coercive tactics tainted consent | No plain error; consent voluntary under totality of circumstances |
| Whether laptop search fell within the scope of consent | Consent intended to cover residence and narcotics evidence | Search of laptop beyond scope | Laptop search fell within scope of Lucas's consent |
| Whether discovery of child pornography was permissible as within scope or as inadvertent | Search aimed to locate narcotics-related material; discovery incidental | Unrelated child pornography should be suppressed if outside scope | No suppression; discovered incident to lawful search and promptly limited; subsequent warrant obtained |
Key Cases Cited
- Florida v. Jimeno, 500 U.S. 248 (1991) (scope defined by expressed object; containers within a search may be opened if reasonably within consent)
- Schneckloth v. Bustamonte, 412 U.S. 218 (1973) (consent evaluated under totality of circumstances)
- United States v. Hinojosa, 606 F.3d 875 (2010) (preponderance standard for voluntary consent; factors to consider)
- United States v. Morgan, 435 F.3d 660 (6th Cir. 2006) (warrantless search of computer for child pornography justified by apparent authority and probable cause)
- United States v. Canipe, 569 F.3d 597 (6th Cir. 2009) (general consent permits search of containers within area; scope limited by consent)