U.S. v. LAIST

No. 11-15531.

702 F.3d 608 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. David Bishop LAIST, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 11, 2012.


Attorney(s) appearing for the Case

Michelle Lee Schieber , Danial Edward Bennett , Michael J. Moore , Graham A. Thorpe , U.S. Attys., Macon, GA, Sonja Ralston , U.S. Dept. of Justice, Crim. Div., Washington, DC, for Plaintiff-Appellee.

Page Anthony Pate , The Pate Law Firm, LLC, Atlanta, GA, for Defendant-Appellant.

Before MARCUS and PRYOR, Circuit Judges, and FRIEDMAN, District Judge.


MARCUS, Circuit Judge:

At the heart of this appeal is whether a government delay of some 25 days in submitting an application for a search warrant while holding a computer based on probable cause is an unreasonable seizure under the Fourth Amendment. In the proceedings below, the defendant David Laist pleaded guilty conditionally to possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B), and receipt of child pornography, in violation of 18...

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