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8th Affirms Denial of Motion to Suppress by Child Porn Convict

By Tanya Roth, Esq. on March 16, 2012 4:02 PM

A man convicted of child pornography will have to serve his time in prison. The 8th Circuit Court of Appeals upheld the child porn conviction and sentence for Kevin McManaman on March 14.

McManaman was sentenced to 276 months in prison after entering a conditional guilty plea on two counts of sexual exploitation of children. On appeal to the 8th Circuit, McManaman argued that the district court should have granted his motion to suppress statements and physical evidence obtained, on the grounds that such evidence was obtained in violation of his Fourth, Fifth, and Sixth Amendment rights.

The Facts

During a search of his house after a grand jury indictment on various gun and drug charges, federal and state law enforcement officers discovered a locked closet full of magazines, videos and several color photographs of nude young females. There was also a videotape with McManaman’s minor step-daughter’s name and the words “HomeXXXEdit.” McManaman’s wife was with officers during the search and allowed the search, although she refused to sign a consent form and later denied ever having consented to the search.

The Law

McManaman claimed that the search was not valid as the search warrant was for “guns, drugs, and ammunition.” The 8th Circuit, however, said that under the warrant to search McManaman’s home, the officers had the authority to search any closet, container, or other closed compartment in the building where these items could have been hidden. The court applied the plain view doctrine, where the incriminating nature of the evidence was so immediately apparent that the officers were entitled to seize it.

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