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Second Circuit — Warrantless Search: United States v. Voustianiouk

U.S. Court of Appeals for the Second Circuit

Warrantless Search


United States v. Voustianiouk
Judges McClaughlin, Pooler and Parker

Background: The defendant appealed his conviction of possession and receipt of child pornography. The defendant moved to suppress the evidence against him on the ground that the search warrant did not mention the name of the person who lived in the first-floor home and authorized the police to search a single apartment. On the morning of the search, the defendant was home on the second floor and the police decided to search his apartment instead.

Ruling: The Second Circuit reversed.  The court held that the evidence seized was a result of a warrantless search that violated the Fourth Amendment. Further, because the officials knowingly stepped beyond the bounds of the search, the exclusionary rule required suppression of the evidence. The court reversed the denial of defendant’s motion to suppress the evidence.

Kerry A. Lawrence of Briccetti, Calhoun & Lawrence LLP for the defendant-appellant; Janis M. Echenberg and Justin S. Weddle, assistant U.S. attorneys, for the appellee

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