United States v. Montgomery

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Defendant appealed his conviction for possessing and receiving child pornography, challenging the denial of his motion to suppress the evidence of pornography found on his phone. The court held that the pornography on the cell phone was obtained by defendant's consent, which was the product of an intervening independent act of free will on defendant's part that purged the taint of any alleged constitutional violation. Assuming arguendo that there is a Fourth Amendment violation, defendant's unsolicited consent coupled with the nature of the alleged misconduct lead the court to conclude that the consent was valid as a voluntary, independent act of free will. Therefore, the evidence need not be suppressed as fruit of the poisonous tree. The court affirmed the judgment of the district court. View "United States v. Montgomery" on Justia Law