In prosecution on charge of taking minor across state line with intent that minor engage in prostitution, Dist. Ct. did not err in denying defendant’s motion to suppress evidence seized from defendant’s motel room. At time of seizure, police officers had received tip from mother of 15-year-old victim that victim was in out-of-state motel that was known to officers as having reputation for prostitution and drug problems, and that victim had called wanting to come home. Moreover, although officers’ lacked warrant to conduct search of motel room, defendant had given officers consent to search room for victim, and during said search, officers found in plain view laptop open to backpage.com website, which officers knew to be commonly used to post prostitution advertisements, as well as prepaid credit cards, used and unused condoms and multiple cell-phones that were typically used for prostitution. As such, warrant was not necessary, where officers could seize said materials in their plain view, where incriminating nature of said materials was immediately apparent. Also, Dist. Ct. did not err in giving instruction that informed jury that victim’s consent to being transported for purpose of prostitution was irrelevant, since said instruction was accurate statement of law, so long as defendant intended for victim to engage in prostitution when he transported her across state border.
Federal 7th Circuit Court
Criminal Court
Search and Seizure