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United States v. Runyan

The police do not engage in a new "search" for Fourth Amendment purposes each time they examine a particular item found within a closed container.

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As amended January 7, 2002.

Appeals from the United States District Court for the Northern District of Texas

Defendant-Appellant Robert Beam Runyan was convicted of sexual exploitation of children in violation of 18 U.S.C. � 2251 and of distribution, receipt, and possession of child pornography in violation of 18 U.S.C. � 2252A. In two separate actions, Runyan appeals his conviction (No. 00-10821) and the district court’s denial of his post-trial motion for a new trial (No. 01-11207). On September 24, 2001, we consolidated these two cases for the purposes of appeal. In challenging his conviction, Runyan asserts (among other claims) that the district court erred in admitting evidence obtained pursuant to an unlawful pre-warrant search by law enforcement officials. We hold that portions of the pre-warrant search violated the Fourth Amendment. Accordingly, we REMAND No. 00-10821 to the district court for further findings of fact addressing whether the search warrants would have been sought and issued in the absence of the Fourth Amendment violation. We do not reach any of the other issues raised in No. 00-10821 or any of the issues raised in No. 01-11207 at this time.

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