{"id":36183,"date":"2019-01-26T09:35:08","date_gmt":"2019-01-26T14:35:08","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=36183"},"modified":"2019-01-27T12:05:22","modified_gmt":"2019-01-27T17:05:22","slug":"sc-police-officers-accidently-seeing-child-porn-on-defs-computer-screen-was-plain-view-that-led-to-sw","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=36183","title":{"rendered":"SC: Police officer&#8217;s accidently seeing child porn on def&#8217;s computer screen was plain view that led to SW"},"content":{"rendered":"<p>Defendant\u2019s computer was being worked on by a computer technician in defendant\u2019s home. A police officer came by on personal business to leave something. When in the house, he saw something scroll by on the screen, and he asked the computer tech to run it back. It showed child exploitation. He had the computer tech save the file to a disk and then he reported it to get a search warrant. The image qualified as plain view and copying it for preservation was reasonable. <a href=\"https:\/\/www.sccourts.org\/opinions\/HTMLFiles\/SC\/27860.pdf\">State v. Cardwell<\/a>, 2019 S.C. LEXIS 5 (Jan. 23, 2019), aff\u2019g 414 S.C. 416, 778 S.E.2d 483 (App. 2015). <\/p>\n<p>Defendant knew about pen registers and traps before the trial started, and they essentially weren\u2019t material. His later claim that they might have been material doesn\u2019t aid him because he already knew. <a href=\"http:\/\/www.ca2.uscourts.gov\/decisions\/isysquery\/6cf92bab-44df-400d-b879-1e104edf3a64\/7\/doc\/18-691_so.pdf\">United States v. Ulbricht<\/a>, 2019 U.S. App. LEXIS 2287 (2d Cir. Jan. 24, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s computer was being worked on by a computer technician in defendant\u2019s home. A police officer came by on personal business to leave something. When in the house, he saw something scroll by on the screen, and he asked the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=36183\">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":[51],"tags":[],"class_list":["post-36183","post","type-post","status-publish","format-standard","hentry","category-plain-view"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36183","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=36183"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36183\/revisions"}],"predecessor-version":[{"id":36207,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36183\/revisions\/36207"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=36183"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=36183"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=36183"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}