{"id":52263,"date":"2022-05-01T06:56:29","date_gmt":"2022-05-01T11:56:29","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52263"},"modified":"2022-05-01T08:39:06","modified_gmt":"2022-05-01T13:39:06","slug":"ca9-private-searcher-mimicking-her-computer-search-for-police-was-reasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52263","title":{"rendered":"CA9: Private searcher mimicking her computer search for police was reasonable"},"content":{"rendered":"\n<p>Defendant\u2019s former girlfriend found child pornography on his computer. She took the computer to the Reno sheriff\u2019s office, and the police there had her show them what she did and go no farther. This was admitted by the government to be a search, but it was reasonable because of her prior search under Jacobsen. The court rejected the &#8220;common-law trespassory test&#8221; from United States v. Jones, 565 U.S. 400 (2012), applies and requires suppression here. <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/opinions\/2022\/04\/29\/20-10304.pdf\">United States v. Phillips<\/a>, 2022 U.S. App. LEXIS 11678 (9th Cir. Apr. 29, 2022).<\/p>\n\n\n\n<p>The specifics of defendant\u2019s particularity challenge was waived by not raising it below. The warrant was valid on all grounds, so the good faith exception doesn\u2019t even have to be applied. Eyewitnesses connected defendant\u2019s car to a crime, so there was probable cause for its search and seizure. <a href=\"https:\/\/www.courts.ri.gov\/Courts\/SupremeCourt\/SupremeOpinions\/19-281.pdf\">State v. Hudgen<\/a>, 2022 R.I. LEXIS 35 (Apr. 27, 2022).*<\/p>\n\n\n\n<p>Defendant\u2019s challenge to the warrant affidavit as lacking probable cause is conclusory and doesn\u2019t warrant a hearing. In any event, the good faith exception applies. United States v. Cruz-Vega, 2022 U.S. Dist. LEXIS 77682 (W.D.N.Y. Apr. 28, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s former girlfriend found child pornography on his computer. She took the computer to the Reno sheriff\u2019s office, and the police there had her show them what she did and go no farther. This was admitted by the government to &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=52263\">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":[104,12,43],"tags":[],"class_list":["post-52263","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-computer-searches","category-private-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52263","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=52263"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52263\/revisions"}],"predecessor-version":[{"id":52271,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52263\/revisions\/52271"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52263"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52263"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52263"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}