| D. Georgia [N.D.] |
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Reminder: These case digests are provided for informational purposes only, and do not constitute legal advice. Anyone conducting legal research on a particular topic or in a specific jurisdiction is advised to supplement these materials with their own efforts or those of a qualified attorney whom they have hired for that purpose.2010U.S. v. Asher, 1:09-CR-414-WSD-AJB-1 (N.D. Ga. 10-21-2010) — An investigation into the peer-to-peer sharing program GigaTribe discovered child pornography files associated with an IP address traced to Defendant. Eight law enforcement officers executed a search warrant for computer equipment at Defendant's home beginning at 7 a.m. At one point during the search and contemporaneous interview, Defendant was briefly restrained (less than 5 seconds) by officers when he became agitated. Defendant moved to suppress the evidence found on his computer on the grounds that his consent to the search was coerced and that he was effectively put in custody without being read his Miranda rights. The Court agreed with the Magistrate that Defendant's consent to the search was voluntary and that given the totality of the circumstances, Defendant was never in custody. The Defendant's objections to the Magistrate's report and recommendation were overruled. |
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