432 F.3d 824 (8th Cir. 2005), 04-4089, United States v. Solomon

Docket Nº:04-4089.
Citation:432 F.3d 824
Party Name:UNITED STATES of America, Plaintiff--Appellee, v. Douglas Dan SOLOMON, Defendant--Appellant.
Case Date:December 23, 2005
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 824

432 F.3d 824 (8th Cir. 2005)

UNITED STATES of America, Plaintiff--Appellee,

v.

Douglas Dan SOLOMON, Defendant--Appellant.

No. 04-4089.

United States Court of Appeals, Eighth Circuit.

December 23, 2005

Submitted: June 23, 2005.

Appeal from the United States District Court for the District of Minnesota.

Page 825

Counsel who presented argument on behalf of the appellant was Alan G. Jontz, Maplewood, Minnesota.

Counsel who presented argument on behalf of the appellee was AUSA Richard Newberry, Minneapolis, Minnesota.

Page 826

Before RILEY, BRIGHT, and JOHN R. GIBSON, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

A jury found Douglas Dan Solomon guilty of possession of child pornography in violation of 18 U.S.C. § 2252(a)(4), and he was sentenced to 42 months in prison. Solomon appeals the denial of his motion to suppress evidence seized from his home pursuant to a search warrant. We affirm.

On June 8, 2001, Agent Jan May of the Minnesota Bureau of Criminal Apprehension received a telephone call from a woman identifying herself as Laurie Brown, but who was later identified as Patricia Ann Tradup. According to the affidavit in support of the search warrant, Tradup told Agent May that she lived in a house at 3636 14th Avenue South in Minneapolis with Douglas Dan Solomon, whom she had recently learned was a registered sex offender. Tradup told Agent May that she had become concerned for her welfare, so she decided to search Solomon's bedroom for information regarding his sex offense. While in Solomon's room, she discovered printed-out images of children she estimated to be between the ages of three and twelve positioned in such a way as to display their genitals or engaged in sexual activity with what appeared to be an adult male. Tradup confirmed that Solomon has a computer in his bedroom and that she has seen pornography on it. In addition to the printed-out images, Tradup stated that she had found a little girl's swimsuit inside-out under Solomon's pillow and a girl's clothing slip inside his dresser drawer, despite the fact that Solomon does not have any children living at the home.

Following the conversation with Tradup, Agent May checked Solomon's predatory offender file. According to the file, he was convicted of criminal sexual conduct with a two-year-old victim in 1983, but was no longer required to register. Agent May also noticed that the address listed for Solomon in his predatory file was 3636 14th Avenue South in Minneapolis, Minnesota, the same as that supplied by Tradup. Agent May consulted with Sgt. Jane Moore of the Minneapolis Sex Crimes Unit, who is also assigned to the Minnesota Internet Crimes Against Children Task Force. In Sgt. Moore's experience, computer systems and internet access can be both repositories for evidence and instrumentalities of offenses involving child pornography.

On June 12, 2001, Agent May and Sgt. Moore met with Tradup in a park in Minneapolis. During the meeting, Tradup turned over nine images of children exposing their genitals or having sex with adult males that she claimed she had taken from Solomon's bedroom. Sgt. Moore asked Tradup if Solomon had taken any pictures of her; she responded that he had done so with her clothes on, and that it made her feel uncomfortable. After the meeting with Tradup, Agent May and Sgt. Moore drove by the address Tradup had supplied, where they noticed a sign in the front yard with the name "Solomon" printed on it.

As a result of this information, Agent...

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