CA10: SW for computer fraud revealed CP; inevitable discovery applied

While executing a computer fraud search warrant on defendant’s computers they happened upon child pornography on CDs during the onsite search. They took the computers and the CDs with the child pornography. A later search warrant was issued for the CDs. When officers executing a search warrant for one thing happen on evidence of another crime, they can seize it. The second search was unlawful because it exceeded the scope of the first warrant where it was directed at uncovering evidence of child pornography, and the plain view and foregone conclusion exceptions to the warrant requirement did not apply. The third search pursuant to the second warrant was proper, however, because the materials fell within the inevitable discovery doctrine where the materials would have been found within a lawful execution of the first warrant. United States v. Loera, 2019 U.S. App. LEXIS 14163 (10th Cir. May 13, 2019).

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