In a computer search for child pornography, reviewing the computer files can easily lead to a plain view. “The agents were permitted to ‘engage in a cursory review of files [in the folder dated 2005], by opening them, to determine whether they contained evidence … that was within the scope of the warrant.’ Graziano, 558 F. Supp. at 317; see Fumo, 2007 WL 3232112, at *6 (‘[T]he government may open and briefly examine each computer file to determine whether it is within the description recited in the warrant.’).” United States v. Raniere, 2019 U.S. Dist. LEXIS 75163 (E.D. N.Y. May 3, 2019).
There was probable cause for the cell phone search warrant. Waiting ten days from the seizure to seek the warrant wasn’t unreasonable. There was no Franks violation. Finally, the good faith exception applies. United States v. Lucero, 2019 U.S. Dist. LEXIS 75198 (D. N.M. May 4, 2019).*