United States District Court, D. Kansas
MEMORANDUM AND ORDER
THOMAS MARTEN, JUDGE
Indictment charges defendant Marshall Seitter with possession
of child pornography in violation of 18 U.S.C. §
2252A(a)(5)(B) and (b)(2). The matter is before the court on
three motions to suppress evidence (Dkt. 26-28) obtained from
Seitter at the time he was interviewed at his workplace, a
conversation which occurred while officers were attempting to
execute a search warrant for Seitter's home.
enforcement officers spoke with Seitter on September 1, 2016
as a consequence of an investigation which was originally
launched in October of 2015. At that time, Homeland Security
Investigations (HSI) agents found that a hyperlink to images
of child pornography had been posted to an anonymous network.
The agents were able to determine that the hyperlink was
posted by a VIP user of the bulletin board, and obtained the
IP addresses of users accessing the child pornography content
through the hyperlink. One such IP address returned to the
residence of defendant Marshall Seitter.
agents in Wichita acted on the lead in July 2016, confirming
that Seitter was the sole occupant of his residence. They
also determined that there were no unsecured wireless
connections at the residence.
September 1, agents attempted to execute a search warrant at
the residence. Seitter was not home. Special Agent Rick Moore
of HSI and Detective Ray Alverson of the Wichita Police
Department went to Seitter's workplace at the United
States Post Office to ask for a house key. The investigators
were at the Post Office for about ten minutes.
noon, while waiting for management to locate Seitter, Moore
and Alverson saw him using his phone out on the sidewalk.
They approached him, identified themselves, and told him they
were conducting a child pornography investigation and had a
search warrant for his home.
Seitter handling his phone, Agent Moore asked if he would
turn it over, in order prevent the destruction of evidence.
Seitter agreed, and gave them his Model A1522 iPhone.
officers asked if Seitter would like to speak with them at
the Sedgwick County Child Advocacy Center (CAC). He agreed.
Alverson also asked Seitter if he had any electronic devices
in his car, a 2001 Ford Mustang. Seitter said, “not in
the car, ” but that he had a tablet at his workstation
officers then asked Seitter if he would consent to a search
of the Mustang, and Seitter agreed. At 12:03 PM, just a few
minutes after the initial approach, Seitter completed a
“Waiver to Search” form which advised him of his
“right to refuse to consent to a search” and
stated that “I understand the permission can be revoked
at any time.”
took Seitter's keys to both his vehicle and his
residence. A deputy had arrived at the scene, and Seitter sat
in the rear of the deputy's patrol vehicle as it sat next
to the Mustang. Seitter thus was able to see Moore and
Alverson while they searched the Mustang. At the hearing, the
government submitted a video recording of Seitter in the back
of the patrol car.
officers found a cellphone in the arm rest/center console,
and a Toshiba 640GB hard drive under the passenger seat. At
the time the hard drive was collected, Seitter said something
to the effect, "That was from 15 years ago.” This
was not in response to any question from law enforcement.
search of the car was completed within a few minutes, at
roughly 12:10 PM. Seitter was then driven by the deputy to
the CAC. Moore and Alverson secured the tablet at
Seitter's workstation, delivered the key to investigators
waiting at Seitter's residence, and then proceeded to the
CAC to interview Seitter.
CAC, Moore repeated introductions, obtained biographical
information from Seitter, and asked if he would like to speak
about the search warrant. Moore further advised that, if
Seitter did want to speak about the warrant, Moore intended
to review his Miranda rights with him. At that
point, roughly an hour after the initial contact with law
enforcement, Seitter asked to speak with an attorney. Moore
terminated the interview, returned Seitter's keys, and
took Seitter back to the Post Office. Moore told Seitter not
to return to his residence until law enforcement had
completed their search.
residence, agents seized a Toshiba laptop, an Apple iPod
Touch, an 8GB thumb drive, seven CD/DVDs, and other tangible
items related to babies, such as diapers, bottles, pacifiers,
and baby powder. Forensic analysis of the laptop and iPod
Touch seized from Seitter's residence revealed evidence
of Seitter's sexual ...