U.S. v. Pelletier

Federal 7th Circuit Court
Criminal Court
Case Number: 
No. 12-1274
Decision Date: 
November 21, 2012
Federal District: 
N.D. Ill., W. Div.
In prosecution on possession of child pornography charges, Dist. Ct. did not err in denying defendant’s motion to suppress his confession where defendant made confession during job interview with FBI. While FBI never gave defendant Miranda warnings prior to defendant giving his confession, defendant never was in custody so as to trigger any Miranda rights where defendant did not come to FBI as suspect and was free to leave job interview, and where defendant was actively participating in encounter as job applicant both before and after giving confession. Moreover, while defendant argued that his consent to search computer was involuntary, any error was harmless where record showed that FBI would have inevitably discovered said pictures given fact that agent had told defendant that he would seek search warrant if defendant had denied consent.