CA11: Use of a “sniffer” to locate CP on a computer not mentioned in the SW not unreasonable search

Use of a sniffer device to search defendant’s computers at Emory University was not unreasonable just because the search warrant didn’t mention using it. United States v. Sullivan, 2018 U.S. App. LEXIS 23315 (11th Cir. Aug. 21, 2018).*

Defendant was subjected to a lawful search warrant in a stalking case. “[T]he photographs of defendant’s firearms, ammunition, and surveillance equipment all of which defendant legally possessed at the time the search warrant was executed were wholly irrelevant to the issue of whether defendant had committed the offense of stalking.” They were more prejudicial than relevant, but it was harmless error because of overwhelming other proof. State v. Hobson, 2018 N.C. App. LEXIS 808 (Aug. 21, 2018).* [A note about North Carolina cases: They now all appear in zip files online. I don’t want to download NC files to my computer and clog my hard drive. So, if you want a NC case, you can go there yourself. They are the only state court doing this.]