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Examining all files on a computer during a child porn search does not make it a general search

By John Wesley Hall, Jr.

The government did not exceed the scope of a search warrant for his computer for child pornography by looking at files that were not obviously child porn by their names. “As an initial matter, Defendant's brief contains no citation to any legal authority whatsoever. Accordingly, it is not clear what legal grounds Defendant has for his motion or his theory concerning the Government's search and seizure of his computers and storage devices.” United States v. Ogden, 2008 U.S. Dist. LEXIS 93489 (W.D. Tenn. November 18, 2008).* Defendant's consent was not free, and the remainder of the search flowing from it was barred under Wong Sun. United States v. Singleton, 2008 U.S. Dist. LEXIS 93134 (W.D. N.Y. November 12, 2008).* Defendant’s swerving was reason enough for a stop that the defendant might have been falling asleep while driving...continue to full post

Full post as published by Fourth Amendment on November 22, 2008 (boomark / email).