CA11: Knock-and-talk for CP led to plain view of computer running the P2P software and exigent circumstances

The warrantless seizure of defendant’s computer for child pornography was reasonable. Officers using Ares P2P software found CP exchange at an IP address that came back to a Mrs. Oates who was a 60 year old grandmother with no criminal history. Officers deduced she was not likely the user. They did a knock-and-talk and saw the computer right inside the door when defendant answered running the Ares software. They had him come outside to discuss it and he agreed to come down to the police station. The computer was seized from the house. First, the computer was in plain view to them. “Even if we were unconvinced that law enforcement lawfully seized the computer under the plain view doctrine, exigent circumstances existed to seize it.” United States v. Oates, 2015 U.S. App. LEXIS 16444 (11th Cir. September 16, 2015).