Suppression of Evidence

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7^th Circuit Court of Appeals

Case Name: United States of America v. Deny Mitrovich

Case No.: 23-1010

Officials: Ripple, Scudder, and Jackson-Akiwumi, Circuit Judges.

Focus: Suppression of Evidence

Mitrovich, faced charges for possessing child pornography following a multinational investigation that utilized a software program to uncover evidence on his computer. Mitrovich sought detailed technical information about the software program, utilized by Australian and New Zealand authorities, to aid his defense. However, despite repeated efforts, the United States government was unable to obtain this information. Mitrovich argued that the government was obligated to provide this data under Rule 16(a)(1)(E) of the Federal Rules of Criminal Procedure and the Due Process Clause of the Fifth Amendment.

However, the court disagreed with Mitrovich, stating that Rule 16 does not mandate the disclosure of documents exclusively held by foreign authorities. Furthermore, Mitrovich failed to prove that the government’s inability to provide the requested information led to prejudice, a crucial requirement for establishing a Brady violation. Consequently, the court affirmed the district court’s decision not to penalize the government for its failure to disclose the requested information.

Additionally, the court clarified that while the doctrine of constructive possession might apply to co-participants in a joint international investigation under the Due Process Clause, it would not hold if the United States lacks the means to access or acquire the information through reasonable methods. The court stressed that mere speculation about the content of missing information does not suffice to establish prejudice under Brady.

Affirmed.

Decided 03/12/24

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