E.D.Va.: CP SW for images “created, modified or stored in any form,” including electronically included a cell phone

A child pornography search warrant for images “created, modified or stored in any form,” including electronically included a cell phone. As to defendant’s Franks challenge, his complaint about hearsay completely fails because whatever the police had, they obtained another person’s cell phone by consent and found email of child pornography to defendant. Scott v. United States, 2018 U.S. Dist. LEXIS 53608 (E.D. Va. Mar. 29, 2018).

Defendant was a supervisor at the Texas Department of Family and Protective Services. In 2012 she seized the cell phone of a girl going into custody anyway to keep it away from her and keep her from fleeing and for evidence of drug activity. The state failed to prove that defendant knew that the search of the cell phone was unreasonable and unlawful, an essential element of Texas’s crime of official oppression. Reversed and dismissed. Reynolds v. State, 2018 Tex. Crim. App. LEXIS 119 (Mar. 28, 2018).