Defendant consented to a search of his computers for evidence of bank fraud. In the process, officers stumbled upon child pornography and obtained a search warrant. Thus, the scope of consent was not exceeded. United States v. Babb, 2011 U.S. Dist. LEXIS 71630 (W.D. Ky. July 1, 2011):<\/p>\n
Defendant consented to having his computers searched for evidence of bank fraud. Part of a forensic examination for bank fraud involves browsing through images on the computer looking for fraudulent check images. Transcript of March 3, 2011 hearing, DN 48, pg. 168. In the process of viewing these images searching for checks, the forensic examiner encountered an image he suspected was child pornography. Id. The examiner immediately stopped his search. Id. at 169. A search warrant was obtained to search specifically for child pornography based on the image seen in plain view. Id.; see e.g., United States v. Lucas, 640 F.3d 168, 2011 WL 1775685 (6th Cir. 2011); United States v. Underwood, 2010 WL 5313766 (W.D.Ky. Dec. 20, 2010); United States v. Williams, 592 F.3d 511, 521-22 (4th Cir. 2010). Accordingly, the scope of the consent was never exceeded.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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