Warrantless Search & Seizure-Child Pornography

Listen to this article

7^th Circuit Court of Appeals

Case Name: United States of America v. Bradley Cox

Case No.: 21-1744

Officials: Sykes, Chief Judge, and Flaum and Lee, Circuit Judges.

Focus: Warrantless Search & Seizure-Child Pornography

A jury convicted Cox of sex-torting and exploiting multiple victims, including minors, and receiving child pornography. Cox raised several issues for consideration on appeal. On the constitutional front, Cox claimed 1.) Fourth Amendment violations based on the FBI agents’ warrantless search: Cox has not presented good cause for failing to comply with the Rule 12(b)(3)(C) deadline. The court need not reach the merits of his Fourth Amendment arguments., 2.) Fifth Amendment violations based on the agents’ failure to give Miranda warnings during two interrogations: Cox was not in custody during the interrogation outside his home and waived his argument as to the office interview. 3.) Sixth Amendment violations based on the district court’s evidentiary and procedural decisions: none of the district court’s decisions violated Cox’s Sixth Amendment right.

Affirmed on all counts.

Decided 11/23/22

Full Text