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D.Neb.: Voluntarily returning home supported finding of consent

Defendant who voluntarily returned to his home in his own car voluntarily consented to a search of the house. United States v. Rodas, 2013 U.S. Dist. LEXIS 72970 (D.S.C. May 23, 2013).* Officers learning of file sharing of child pornography at a particular IP address. Sharing the wireless router was someone not living in that house. There was no CP in the house. The car next door was registered to a person with the same first name as on the other computers accessing the router. The did a knock-and-talk and let him go to work and got a SW for the house. United States v. Keiter, 2013 U.S. Dist. LEXIS 73233 (D.Neb. April 29, 2013).* Defendant’s claim of a lack of particularity in the search warrant was not timely made before trial so it is waived. United States v. Kaplan, 2013 U.S. App. LEXIS 10549 (3d Cir. May 24, 2013).* Defendant was handcuffed and going to be searched, and the officer asked him if he had anything on him that would stab the officer. He said he had a gun. That was not a custodial interrogation designed to elicit an incriminating response about a gun. [Besides, the frisk was going to occur anyway.] United States v. Nagy, 2013 U.S. Dist. LEXIS 73197 (N.D. Ohio May 23, 2013).*

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