GA: Reasonable to open “My Picture” folder in a search for drug records in a computer

In a search warrant of a computer for drug record evidence, it was reasonable to open the “My Pictures” folder where child pornography was found. Henson v. State, 314 Ga. App. 152, 723 S.E.2d 456 (2012):

In his sole enumeration of error, Henson contends that the trial court erred in denying his motion to suppress the evidence of child pornography found on his personal computer. Specifically, he argues that the police officer who initially searched his computer exceeded the scope of the warrant seeking evidence of illegal drug transactions when he opened the “My Pictures” folder. We disagree.

In Reaves v. State, our Supreme Court addressed the particularity requirement for warrants and held that “[a]lthough a warrant cannot leave the determination of what articles fall within its description and are to be seized entirely to the judgment and opinion of the officer executing the warrant, the degree of specificity in the description is flexible and will vary with the circumstances involved.” Specifically, “the particularity requirement only demands that the executing officer be able to identify the property sought with reasonable certainty.”

Here, as previously noted, the warrant sought a search for “marijuana, miscellaneous items associated with drug distribution such as packaging material, digital and hand scales, marijuana smoking devices, cash proceeds and records (both written and electronic) of illegal drug sales.” And given that electronic records of illegal drug transactions are included amongst those items to be searched, the warrant permitted the search of personal computers at the subject address. Indeed, Henson does not argue on appeal that his computer was an improper target of the search. Nevertheless, he contends that the officer’s search exceeded the scope of the warrant because his computer’s “My Pictures” folder, which by its very title obviously contained photographs, is not encompassed by the term “electronic records.” However, the ordinary signification of “record” is “[a]n account of some fact or event preserved in writing or other permanent form … or “any thing … serving to indicate or give evidence of, or preserve the memory of, a fact or event.” And given that a picture certainly preserves or gives evidence of a fact or event—in many instances as efficiently as a thousand words—Henson’s claim that the term “electronic records” does not encompass pictures or photographs lacks merit. Thus, the trial court did not err in finding that the officer’s search did not exceed the scope of the warrant.