In-home encounter with government agents is not seizure per se

SEARCH & SEIZURE United States v. Spence, No. 04-6118, ___ F.3d ___ (10th Cir. Feb. 15, 2005)(W.D. Oklahoma). Appeal of conviction for possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). HELD: Police encounter with individual in individual’s home is not seizure per se within meaning of Fourth Amendment. Thus, where Customs agents were invited into defendant’s home; requested consent to search and advised defendant he could refuse; wore plain clothes, not uniforms; and did not display weapons, defendant’s consent to search was voluntary because under totality of circumstances, reasonable person in defendant’s position would have felt free to ask agents to terminate search and leave. Read the opinion here.