MA: Probation search of cell phone photo app was reasonable; could be used in a subsequent prosecution

Defendant’s probation search of a photo app on his cell phone that revealed child pornography and led to a search warrant of his residence was reasonable. The product of all the searches was admissible against him in a subsequent criminal case. Commonwealth v. Shipps, 2020 Mass. App. LEXIS 13 (Feb. 7, 2020):

1. Where the probation officer’s unannounced, suspicionless, and targeted search of the defendant’s cell phone photo application, which yielded images of child pornography, (i) was conducted pursuant to a valid condition of probation permitting such searches of the defendant’s electronic devices, (ii) was narrowly tailored to the defendant’s underlying conviction of possessing child pornography images on an electronic device, (iii) advanced legitimate probationary and public safety objectives, and (iv) balanced the defendant’s privacy interest and the Commonwealth’s interests in the rehabilitation of the defendant and the protection of the public, the fruits of that search are admissible in the probation violation proceeding.

2. Where the State police searches of the defendant’s residence — conducted pursuant to warrants issued based on the probation officer’s search of the defendant’s cell phone — yielded additional images of child pornography, the fruits of those searches are admissible in the defendant’s criminal case.