MA: SW for CP on video camera, cell phone, and computer permitted plain view seizure of separate memory cards later searched with a warrant

The police executing a search warrant for nude images of defendant’s 13-year-old stepdaughter on a video camera, cell phone, and computer properly seized three memory cards from digital cameras under the plain view doctrine because his stepdaughter stated he used his cell phone, took sexually explicit photographs of her and, using his video camera, recorded her nude. In addition, her mother told her that she’d found defendant viewing pornographic images of young girls on the family computer in their living room. The officers properly obtained a second search warrant to view the images stored on the cards. Commonwealth v. Tarjick, 2015 Mass. App. LEXIS 51 (May 18, 2015).

Plaintiff was arrested for criminal defamation [under an obviously unconstitutional statute; Arkansas used to have one] after a search warrant for his computers and a subpoena duces tecum to Facebook for his account records for criticizing city council members. He alleged only the arrest warrant and not the search warrant. Remanded to allow him to amend to allege abuse of the search warrant process. McLin v. Ard, 2015 U.S. App. LEXIS 8261 (5th Cir. May 19, 2015).*

However, bare bones complaint that doesn’t adequately allege a policy that led to a violation of Fourth Amendment rights is dismissed, and it isn’t allowed to proceed to discovery to fill in the blanks. Based on the complaint, it’s speculative. London v. Beaty, 2015 U.S. App. LEXIS 8156 (10th Cir. May 18, 2015).*