United States v. Smith

MEMORANDUM **

Smith argues that images obtained from his home computer should have been suppressed because the search violated the Fourth Amendment. We review motions to suppress de novo and review the trial court’s factual findings for clear error. 1 Smith was subject to an “upon reasonable cause” search condition in his probation order with the State of Montana and the police had reasonable suspicion to suspect Smith after his former employer discovered images of child pornography on his office computer following his termination. Taken together, reasonable suspicion of Smith and his probation condition validate the search under the Fourth Amendment.

Citing United States v. Rogers, 3 Smith also argues that his statements to police should have been suppressed because they, and his waiver of his Miranda rights, were involuntary and violated due process. We review the voluntariness of statements to the police and of a Miranda waiver de novo. 4 The case at bar is distinguishable *283 from Rogers because the Miranda waiver here occurred prior to any statements by police promising not to arrest Smith. Thus, it was temporally impossible for the police statements to have caused the…