{"id":4911,"date":"2011-01-09T21:48:36","date_gmt":"2010-11-20T13:37:03","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-11-20T13:37:03","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4911","title":{"rendered":"N.D.Cal.: Police view of what computer tech saw did not expand valid private search"},"content":{"rendered":"<p>Defendant took his computer in for repair to a CompUSA store in 2005, and the repair person found child pornography and called the police. The police came and the repair tech showed the pictures. The computer was seized and a search warrant obtained for it. The police search prior to the warrant did not exceed the scope of the private search under <a href=\"http:\/\/scholar.google.com\/scholar_case?case=1362312177001635968&amp;q=466+us+109&amp;hl=en&amp;as_sdt=802\">Walter<\/a> and <a href=\"http:\/\/scholar.google.com\/scholar_case?case=16573686290496533405&amp;q=466+us+109&amp;hl=en&amp;as_sdt=802\">Jacobsen<\/a>. The police later came to arrest the defendant, and his wife, who was seeking a divorce from him, consented to a search of his home office which she had equal access to. United States v. Tosti, 2010 U.S. Dist. LEXIS 122168 (N.D. Cal. November 1, 2010).*<\/p>\n<p>The CI\u2019s information was subjected to efforts to corroborate and he was brought before the issuing magistrate. His information was sufficient for probable cause. In any event, the good faith exception would save the search. United States v. Brown, 2010 U.S. Dist. LEXIS 122057 (N.D. Ill. November 17, 2010).*<\/p>\n<p>Officers had an arrest warrant for one of two people living in the residence. They did a valid protective sweep to make sure they were safe on entry, and drugs in plain view were validly seized. <a href=\"http:\/\/opinions.1dca.org\/written\/opinions2010\/11-17-2010\/10-1011.pdf\">McKibben v. State<\/a>, 46 So. 3d 1224 (Fla. App. 1st DCA 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4911\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4911","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4911","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4911"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4911\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4911"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4911"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4911"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}