United States v. Harmer, No. 10-1624 (8th Cir. 1-7-2011)

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Judgment Affirmed -- Defendant was prosecuted for possession of child pornography following a search of his home and personal computer revealed hundreds of child pornography files. The affidavit submitted in support of the search warrant stated that investigators had traced a shared file to defendant's computer.

The shared file contain an offer to distribute hundreds of files, including sixteen contained in the known child pornography list of the Internet Crimes Against Children task force. Defendant moved to suppress the search, arguing that there was no probable cause for issuance of the search warrant. The District Court denied the motion and defendant then entered an unconditional guilty plea. The Court of Appeals held that because the defendant's guilty plea was unconditional, he had forfeited the right to contest the lower court's ruling on the motion to suppress. The judgment was affirmed.

 

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