United States v. Eric Thomas

818 F.3d 1230, 2016 U.S. App. LEXIS 5972, 2016 WL 1273016
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 1, 2016
Docket14-14680
StatusPublished
Cited by26 cases

This text of 818 F.3d 1230 (United States v. Eric Thomas) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Eric Thomas, 818 F.3d 1230, 2016 U.S. App. LEXIS 5972, 2016 WL 1273016 (11th Cir. 2016).

Opinion

HULL, Circuit Judge:

After a jury trial, Eric Thomas, a federal prisoner, is serving a 96-month sentence, followed by a life term of supervised release, on his conviction for knowingly accessing with the intent to view child pornography. On appeal, Thomas challenges the district court’s denial of his motion to suppress evidence discovered on a HP desktop computer in his home. Af *1233 ter a careful review of the record and with the benefit of oral argument, we affirm.

I. PROCEDURAL OVERVIEW

On September 25, 2013, following a police search of Eric Thomas’s home computers, a federal grand jury indicted Thomas for one count of knowingly accessing with the intent" to view child "pornography, in violation of 18 U.S.C. § 2252(a)(4)(B) and (b)(2). Thomas filed a motion to suppress evidence gathered from the HP desktop computer at his home. ’ A magistrate judge held three hearings on the motion to suppress, on December 20 and 23, 2013 and February 5, 2014, and issued a report and recommendation (“R&R”), recommending a ' denial of Thomas’s motion". The district court adopted the R&R and denied the motion to suppress.

After a three-day trial, the jury found Thomas guilty .of knowingly accessing with the intent to view child pornography. Op September 29, 2014, the district court sentenced him to 96 months’ imprisonment followed by a life term of supervised release. Thomas does not appeal his sentence but only his conviction based on the denial of his suppression motion. We thus review the evidence- adduced at the suppression hearings, the arguments on the suppression motion, and the district court’s ruling.

II. MOTION TO SUPPRESS

A. December 20, 2013 Suppression Hearing

At the December 20, 2013 hearing, Officer Matt Steiner of the Largo Police Der partment testified that he was the first officer to arrive at- Thomas’s house on July 21, 2012. Officer Steiner stated that he arrived at approximately 11:11 a.m., in response to a telephone report that there was child pornography on a computer within the home. He spoke to Caroline Olausen, Thomas’s then-wife, who had contacted the police.

According to Officer Steiner, Olausen told him that, on the previous night, Thomas had appeared nervous and his heart was racing. That morning, Olausen discovered eight to ten child pornography websites on a computer in their shared home. She explained that she found the pictures after turning on the computer monitor and clicking “yes” when asked if she wanted to “restore the previous Internet Explorer session.” Olausen explained that the websites featured naked prepubescent and pubescent girls, some of whom were performing oral sex on adult men.

Officer Steiner testified that he learned that Thomas was sleeping, so he asked Olausen for consent to search the computers, in., the residence. Olausen told him that, she and Thomas both used the computers, but Thomas used the computers more often than she did and used, them for work purposes.. Olausen then gave oral and written consent to search all of the electronic media in the residence, which included an HP desktop computer, a Dell desktop computer, a Toshiba tablet, and a Maxtor internal hard drive. She also consented in writing to.:the removal of “any property” from the home. Officer Steiner believed that Olausen had the authority to consent to a search and seizure because the computers were in an unlocked home office within the residence and Olausen used at least the. HP desktop computer that had allegedly displayed the child pornography;

According to- Officer Steiner, when he approached the HP desktop computer, two websites were in plain view and he could use the'mouse to move between the sites. The websites were called “NNLollys” and “HDSchoolTeens,” and both featured “pictures of young girls that had only their underwear on.” The- girls were not en *1234 gaged in any sexual activity. Officer Steiner did not have to type in a password to view the computer screen. Officer Steiner stated that he' did not conduct any forensic analysis of the computers. After viewing the websites on the HP computer, he provided “scene security” and “officer safety while other agents performed forensic analyses of the electronic media. He departed from the Thomas residence at 1:37 p.m.

Detective Nathan Dix testified that he was a cybercrimes detective for the Largo Police Department and an agent on the Federal Bureau of Investigation’s (“FBI”) Child Exploitation Task Force. He arrived at Thomas’s house at 12:18 p.m., after Officer Steiner had begun the initial investigation. Detective Dix stated that he received a briefing and then examined the home office area and the HP desktop computer, which was easily accessible within the office. He-concluded that there was child erotica, but no child pornography, on the two websites visible on the HP computer. Notably though, Officer Steiner testified that the “NNLollys” website visible on the computer had- links to other websites with terms indicative of child pornography.

Detective Dix spoke with Olausen after viewing the webpages. Ólausen confirmed that she had providéd consent to search the computers and repeated why she had contacted the police. According to Detective Dix, Olausen told him that she had arrived home earlier than expected the previous night. She saw Thomas get up “very quickly” from “the area of his computer desk.” He was acting nervous and strange, and when she hugged him his heart was pounding.

Olausen continued that, when she woke up that morning, she turned on the monitor of the HP .computer, restored the previous browsing history, and watched eight to ten Internet windows appear. The windows contained child pornography, in Olausen’s opinion. She saw nude pictures of 4-to-13-year-old children and some of the children were in “sex poses” or being “sexually abused.” In one instance, there was an image with “an adult male penis and a. completely nude child’s vagina.” Detective Dix testified that the described images constituted child pornography. He assumed that there were only two webpag-es left open on the HP computer when the police arrived because Olausen had mistakenly closed some of the tabs or was wrong about how many webpages she had seen.

Detective Dix further testified that Olausen stated that she and Thomas both used the computers, though “Thomas was the primary user of the computers because he worked from home and utilized them through his work.” Olausen explained that Thomas was normally “compulsive” about properly shutting down the computers, using pop-up-ware and spam filters, and deleting his Internet cookies. At the end of Detective Dix’s conversation with Olausen, Olausen again orally consented to a search of the computers and said that Thomas was asleep.

After this conversation, Detective Dix returned to the home office and conducted a forensic search of the Dell desktop computer. He explained that he used a “forensic scan on-site preview tool to scan that hard drive for video and image files.” Eventually, Detective Corey Monaghan arrived in the room to scan the HP desktop computer using the “OS Triage” forensic search tool.

While Detective Dix was conducting the scan, Thomas woke up.

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Bluebook (online)
818 F.3d 1230, 2016 U.S. App. LEXIS 5972, 2016 WL 1273016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-eric-thomas-ca11-2016.