OR: Computer hard drive with contraband could be destroyed with guilty plea

By defendant’s plea to a sex and child porn offense, the state could destroy the computer hard drives where the contraband was found. The seizure was in 2003, and the trial was 2017. State v. Forker, 323 Or. App. 323 (Dec. 29, 2022) (with an interesting dissent on the right to destroy as a property right).

“Even assuming that Black adequately raised this argument on appeal, we cannot say that the district court erred in considering the evidence found during the search of the Jeep Liberty because we have held that the exclusionary rule does not apply to supervised release revocation proceedings. See United States v. Hill, 946 F.3d 1239, 1242 (11th Cir. 2020).” United States v. Black, 2022 U.S. App. LEXIS 35886 (11th Cir. Dec. 29, 2022).*

Plaintiff’s suit over the search that led to his prosecution is barred by Heck. Mills v. Pivot Occupational Health, 2022 U.S. App. LEXIS 35862 (3d Cir. Dec. 29, 2022).*

This entry was posted in Exclusionary rule, Issue preclusion, Probable cause, Probation / Parole search, Rule 41(g) / Return of property. Bookmark the permalink.

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