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United States v. Andrus

483 F.3d 711 (2007)

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United States v. Andrus

United States Court of Appeals for the Tenth Circuit

483 F.3d 711 (2007)

Facts

Ray Andrus (Ray) (defendant) was 51 years old and lived with his parents. Law enforcement believed that Andrus was downloading child pornography onto his computer. Officers went to the Andrus home, and Ray’s father, Dr. Andrus, consented to a search of the home, including all computers. Officers searched Ray’s computer, which was in Ray’s bedroom. Dr. Andrus led the officers into Ray’s bedroom and was present during the search of the computer. Dr. Andrus did not object to the search or give any indication that he did not own or control the computer. The officers used software that enabled them to bypass any password protection that may have been on the computer, and they found child pornography on the computer. Ray sought to suppress the evidence based on the Fourth Amendment. Ray argued that because Dr. Andrus did not have the password to Ray’s computer, Dr. Andrus’s consent to search the computer was invalid. The district court ruled that the evidence was admissible. Ray appealed.

Rule of Law

Issue

Holding and Reasoning (Murphy, J.)

Dissent (McKay, J.)

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