Probation search of defendant\u2019s computer was reasonable after finding first a gun and then \u201cFamily Lust\u201d magazine indicating child pornography. United States v. Howard, 2011 U.S. Dist. LEXIS 975 (S.D. Ala. January 5, 2011):<\/p>\n
Applying this balancing test results in a finding that the probation officers’ search of Howard\u2019s computer was reasonable. After entering Howard’s home and seeing a gun in plain view, the officers were justified in continuing their search of the house for other illegal weapons. The continuation of the search resulted in finding the magazines. Upon discovering the magazines, it was not unreasonable for the probation officers to suspect that Howard might perpetuate this interest, i.e. Family Lust (Fathers and their Teenage Daughters), through the use of the internet. It was also reasonable to assume that this interest might have resulted in illegal activity on the computer. Thus, a search of his computer was reasonable under the circumstances.<\/p><\/blockquote>\n
The affidavit for the search warrant said that the CI\u2019s drug transaction with the defendant was \u201cat\u201d his residence rather than \u201cin,\u201d but that does not show that there was no nexus to defendant\u2019s house for the search warrant. United States v. Murrell, 2011 U.S. Dist. LEXIS 594 (M.D. Tenn. January 3, 2011).*<\/p>\n
When defendant was lawfully ordered to the ground, he raised his hands, and the butt of a gun was visible in his waistband. That justified seizing the gun. United States v. Smith, 2010 U.S. Dist. LEXIS 138622 (W.D. Tenn. November 19, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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