CA6: Date of receipt of CP isn’t a limit on the scope of a SW

In a child pornography investigation, the date of the alleged obtaining the child porn doesn’t limit the scope of the search warrant. Moreover, the fact it was known to be on one device does mean that only that device can be searched. Finally, a search protocol wasn’t required. United States v. Neuhard, 2019 U.S. App. LEXIS 14838 (6th Cir. May 20, 2019).

Child pornography was found by Adobe Systems in defendant’s storage account, and they reported it to law enforcement. Adobe was a private actor, and the Tenth Circuit’s Ackerman involving NCMEC is not on point. Burwell v. State, 2019 Tex. App. LEXIS 4139 (Tex. App. – Houston (1st Dist.) May 21, 2019).

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