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United States of America v. Christopher Clutter

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Submitted: January 13, 2012

Before WOLLMAN, LOKEN, and MELLOY, Circuit Judges.

After entering a conditional plea of guilty to receiving and possessing child pornography in violation of 18 U.S.C. §§ 2252(a)(2), (a)(4), (b)(1), and (b)(2), Christopher Clutter appeals the district court’s denial of his motion to suppress,*fn1 arguing that his father, Joel Clutter, had neither actual nor apparent authority to consent to the seizure of three computers from the family home. We review the denial of a motion to suppress de novo but the underlying factual determinations for clear error, giving due weight to inferences drawn by law enforcement officials. United States v. Nichols, 574 F.3d 633, 636 (8th Cir. 2009). We conclude based on the totality of the circumstances that the seizure was not constitutionally unreasonable and therefore affirm.

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