{"id":13766,"date":"2014-10-17T00:30:58","date_gmt":"2014-10-17T05:30:58","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=13766"},"modified":"2014-10-16T19:12:25","modified_gmt":"2014-10-17T00:12:25","slug":"ia-two-people-did-a-private-search-of-a-flash-drive-finding-cp-govt-search-didnt-exceed-scope-of-private-search","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=13766","title":{"rendered":"IA: Two people did a private search of a flash drive finding CP; govt search didn&#8217;t exceed scope of private search"},"content":{"rendered":"<p>Defendant loaned his tool bag to a friend who found a flash drive in the bag, and, because of the way it was hidden, he was curious and looked at it finding probable child pornography. Then he called a woman that defendant dated and let her look, and she found pictures that were taken when they were together. Then they gave the flash drive to the police. The police search did not exceed the private search, and it was not unreasonable. <a href=\"http:\/\/www.iowacourts.gov\/About_the_Courts\/Court_of_Appeals\/Court_of_Appeals_Opinions\/Recent_Opinions\/20141015\/13-1111.pdf\">State v. Manning<\/a>, 2014 Iowa App. LEXIS 1007 (October 15, 2014).<\/p>\n<p>Defendant\u2019s IAC claim wasn\u2019t properly before the court on direct appeal, so he can raise it post-conviction. <a href=\"http:\/\/www.iowacourts.gov\/About_the_Courts\/Court_of_Appeals\/Court_of_Appeals_Opinions\/Recent_Opinions\/20141015\/14-0052.pdf\">State v. Avery<\/a>, 2014 Iowa App. LEXIS 1022 (October 15, 2014).*<\/p>\n<p>The statute of limitations for an illegal search starts at the time of the search, not when the plaintiff thinks that it\u2019s a viable claim. Estate of <a href=\"http:\/\/www2.ca3.uscourts.gov\/opinarch\/133232p.pdf\">Lagano v. Bergen County Prosecutor&#8217;s Office<\/a>, 2014 U.S. App. LEXIS 19722 (3d Cir. October 15, 2014).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant loaned his tool bag to a friend who found a flash drive in the bag, and, because of the way it was hidden, he was curious and looked at it finding probable child pornography. Then he called a woman &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=13766\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-13766","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13766","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=13766"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13766\/revisions"}],"predecessor-version":[{"id":13767,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13766\/revisions\/13767"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=13766"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=13766"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=13766"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}