CO: SW for things that could transmit pictures to a computer fairly included a digital camera

The search warrant was for digital images and was for computers, storage media, and things that could transmit pictures to the computer. That fairly included defendant’s digital camera. People v. Raehal, 2017 COA 18, 2017 Colo. App. LEXIS 199 (Feb. 23, 2017):

[*23] The search warrant specifically authorized the seizure of “any and all computer systems and computer equipment,” “any and all storage media,” and “any and all computer peripheral devices attached or unattached to the computer to include but not limited to … physical devices which serve to transmit or receive information to and from the computer.” The warrant also authorized the officers to look for and seize “images, video, or drawings which portray child pornography.” In addition, the warrant affidavit reported S.F.’s statement that the defendant had taken digital pictures of him with a gray or silver digital camera.

[*24] In deciding whether items discovered during the execution of a search warrant are within the scope of the warrant, police officers are not obliged to interpret its terms narrowly. People v. Gall, 30 P.3d 145, 153 (Colo. 2001).

[*25] We agree with the district court that digital cameras “are certainly physical devices that can transmit and receive information from computers,” and, therefore, the digital camera seized from Raehal’s residence was within the scope of the search warrant.

[*26] Moreover, when executing a warrant, officers may search the location, including any containers or “technological containers” at that location that are reasonably likely to contain items described in the warrant. Id. (upholding seizure of computer because it was reasonably likely to serve as a “container” for writings). Here, the officers were authorized to search for images of child pornography, and the digital camera was reasonably likely to serve as a “technological container” for these images, especially in light of the victim’s statement, contained in the affidavit, that Raehal had taken pictures of him with a digital camera. Accordingly, the camera was properly seized pursuant to the warrant.

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