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United States v. Keiter

United States District Court, Eighth Circuit

April 29, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
RYAN KEITER, Defendant.

FINDINGS, RECOMMENDATION AND ORDER

CHERYL R. ZWART, Magistrate Judge.

This matter is before the court on defendant Ryan Keiter's motion to suppress evidence and request for an evidentiary hearing, (Filing No. 13). For the reasons set forth below Keiter's motion should be denied in its entirety.

BACKGROUND

On February 27, 2012 a Federal Bureau of Investigation ("FBI") agent in Los Angeles, California used a file sharing program called Gigatribe to download images depicting child pornography. Those images included the following:

pict1435.jpg- This is an image of a seven to nine year old naked white female. The image shows a seven to nine year old white female's legs and waist tied to a chair with white rope. An adult white male's left index finger is inserted in the seven to nine year old white female's vagina. The seven to nine year old white female is wearing a purple wrist watch on her right arm. The focal point of this image is on the seven to nine year old white female's vagina.
XXXXXXXXXXXXX.jpg- This is an image of a nine to eleven year old naked white female on a bed as she is kneeling down and leaning forward on her elbows. The nine to eleven year old white female's arms are tied to the head board of the bed with white rope. The nine to eleven year old white female has a purple sex toy inserted in her vaginal and anal area.
img20040907092218.jpg - This is an image of a four to six year old naked female laying on her back on a pillow. The four to six year old female's legs are spread to expose the four to six year old female's vagina. An adult female is holding a sex toy near the four to six year old female's vagina. The four to six year old female's vagina appears to be illuminated by an extra light source.

(Filing No. 22-1, at CM/ECF pp. 20-21).

The shared files were downloaded from the computer of an individual with the username "Johnny_Rocker" utilizing a computer with the Internet Protocol ("IP') address[1] 76.84.42.205. FBI agents determined the IP address in question was registered to Time Warner Communications and assigned to an account at 2358 South 27th Street, Lincoln, Nebraska.

FBI agents obtained and executed a search warrant for 2358 South 27th Street residence on April 13, 2012. During the execution of the warrant the agents conducted a "forensic preview" of the computers in the home and found that none of the computers contained child pornography or peer to peer ("P2P") software.[2] The owner of the residence stated that his home's wireless internet connection was not secured or encrypted. The FBI investigators accessed the administrative section of the home owner's wireless access point and determined the home owner's wireless internet had been accessed by two foreign devices - that is, devices that did not belong to the home owner. Those two devices were listed as "Ryan-IPad" and "Ryan-HP."

During the execution of the search warrant on the house at 2358 South 27th Street, one of the members of the FBI's investigation team, Special Agent Sara Kane, observed a 1999 Pontiac Grand Prix parked in the driveway to the residence next door - 2352 South 27th Street. A records check revealed that vehicle belonged to the defendant, Ryan Keiter.[3]

At approximately 7:50 a.m. that same morning, investigators knocked on the door of 2352 South 27th Street. Investigator Scott Haugaard of the Nebraska State Patrol knocked on the back door and was greeted by Keiter. Haugaard asked Keiter if they could talk inside Keiter's home. Keiter declined to allow Haugaard to enter the residence, but engaged in a conversation with Haugaard. Haugaard informed Keiter that he was not required to talk with Haugaard and that Keiter was free to leave at any time.

Keiter admitted that he did not have an internet connection originating from his residence, but accessed a wireless connection of which he claimed he did not know the owner. When asked about whether he knew anything about child pornography, Keiter initially denied having any such knowledge. Haugaard informed Keiter that the law enforcement officers intended to secure the residence and "get a search warrant to search your residence." (Filing No. 17-1, at CM/ECF p. 4). Haugaard continued to ask Keiter questions about Keiter accessing child pornography and the following exchange occurred:

Haugaard: How long have you been doing child porn?
Keiter: I don't want to say anything because I don't...
Haugaard: Okay.
Keiter: I'm not admitting anything for right now.

(Filing No. 17-1, at CM/ECF p. 6).

Agent Haugaard also asked Keiter if he used the internet username Johnny_Rocket which led ...


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