CA8: Private search led to search warrant for child pornography

Defendant's computer was subjected to a private search, and child porn was delivered to the police, which they used to get a search warrant for the computer. United States v. Muhlenbruch, 2011 U.S. App. LEXIS 3155 (8th Cir. February 17, 2011): … Klaas then went to the Marshalltown Police Department and reported to Officer Curtis Hansel that Muhlenbruch possessed child pornography on his computer. When Officer Hansel told Klaas that more information was needed before the police could take action, Klaas gave Officer Hansel the CDs containing files from Muhlenbruch's computer. Officer Hansel reviewed the images on the CDs and believed, based on his training and experience, that the images constituted child pornography. Soon after Officer Hansel reviewed the CDs, he began to prepare a search warrant for Muhlenbruch's apartment. Meanwhile, an officer was assigned to conduct surveillance on Muhlenbruch's apartment and to prevent entry while the search warrant was being processed. Officers stopped defendant because of excessive window tint and no seatbelt, but he was also seen frequenting a drug house. The officer then recognized his name as coming from a CI as one who delivered drugs to the drug house in the past. Defendant was shaking uncontrollably. The officer had reasonable suspicion to prolong the stop. State v. Webb, 2011 Tenn. Crim. App. LEXIS 101 (February 11, 2011).* City's transfer of seized money to the federal government did not deprive the state court of jurisdiction to hear an action for return of the money. The federal government could return the money to the state court at the conclusion of federal proceedings. Green v. City of Montgomery, 2009 Ala. Civ. App. LEXIS 438 (July 31, 2009), Released for Publication February 1, 2010.

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