{"id":20511,"date":"2016-01-25T07:47:44","date_gmt":"2016-01-25T12:47:44","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=20511"},"modified":"2016-01-25T07:47:44","modified_gmt":"2016-01-25T12:47:44","slug":"ca3-computer-hardware-and-any-equipment-in-a-child-porn-sw-includes-cell-phones","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=20511","title":{"rendered":"CA3: \u201cComputer hardware\u201d and \u201cany equipment\u201d in a child porn SW includes cell phones"},"content":{"rendered":"<p>\u201cThe warrant, as written, defines \u2018computer hardware\u2019 broadly. Horton does not and cannot argue that his cell phone is not \u2018computer hardware\u2019 as it is defined in the warrant, which includes \u2018any equipment\u2019 (emphasis added) capable of transmitting computer data. Additionally, the particularity requirement is satisfied: the basis for probable cause in the government&#8217;s warrant application was the existence of an electronic file containing child pornography, and while this file may have been initially traced to Horton&#8217;s computer, the scope of a lawful search is \u2018defined by the object of the search and the places in which there is probable cause to believe that it may be found.\u2019 The language of the warrant reflects an awareness that, because electronic data can reside on multiple devices, a comprehensive search would include not only Horton&#8217;s computer, but also any devices capable of storing or transmitting computer data. Horton&#8217;s concerns about invading the privacy of a separate \u2018conceptual dwelling\u2019 are inapposite when there is probable cause to search the second \u2018dwelling\u2019 and doing so is within the plain terms of the warrant.\u201d <a href=\"http:\/\/www2.ca3.uscourts.gov\/opinarch\/143548np.pdf\">United States v. Horton<\/a>, 2016 U.S. App. LEXIS 1106 (3d Cir. Jan. 22, 2016).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cThe warrant, as written, defines \u2018computer hardware\u2019 broadly. Horton does not and cannot argue that his cell phone is not \u2018computer hardware\u2019 as it is defined in the warrant, which includes \u2018any equipment\u2019 (emphasis added) capable of transmitting computer data. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=20511\">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":[65,59],"tags":[],"class_list":["post-20511","post","type-post","status-publish","format-standard","hentry","category-particularity","category-scope-of-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20511","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=20511"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20511\/revisions"}],"predecessor-version":[{"id":20512,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/20511\/revisions\/20512"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=20511"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=20511"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=20511"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}