CA9: When child porn is involved, the entire computer system involved is subject to seizure and search

The defense conceded probable cause for a child pornography search of computers, but challenged the potential for over seizure. The district court granted relief, but the appellate court reversed. It’s overview: A warrant authorizing an electronic search of all of defendant’s computer equipment and digital storage devices was not overbroad, did not raise the risks inherent in over-seizing, and did not violate the Fourth Amendment because evidence showing that defendant possessed and distributed a child pornography video on a peer-to-peer file-sharing network provided probable cause to search defendant’s entire computer system and his digital storage devices for any evidence of possession of or dealing in child pornography, and the government had no way of knowing which or how many illicit files there might be or where they might be stored, or of describing the items to be seized in a more precise manner; because there was probable cause to believe that defendant was a child pornography collector, defendant’s entire computer system and all his digital storage devices were suspect. United States v. Schesso, 2013 U.S. App. LEXIS 19256 (9th Cir. September 18, 2013).