{"id":53933,"date":"2022-12-30T09:08:03","date_gmt":"2022-12-30T14:08:03","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53933"},"modified":"2022-12-30T09:08:03","modified_gmt":"2022-12-30T14:08:03","slug":"or-computer-hard-drive-with-contraband-could-be-destroyed-with-guilty-plea","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=53933","title":{"rendered":"OR: Computer hard drive with contraband could be destroyed with guilty plea"},"content":{"rendered":"\n<p>By defendant\u2019s plea to a sex and child porn offense, the state could destroy the computer hard drives where the contraband was found. The seizure was in 2003, and the trial was 2017. <a href=\"https:\/\/cdm17027.contentdm.oclc.org\/digital\/collection\/p17027coll5\/id\/33163\/rec\/1\">State v. Forker<\/a>, 323 Or. App. 323 (Dec. 29, 2022) (with an interesting dissent on the right to destroy as a property right).<\/p>\n\n\n\n<p>\u201cEven assuming that Black adequately raised this argument on appeal, we cannot say that the district court erred in considering the evidence found during the search of the Jeep Liberty because we have held that the exclusionary rule does not apply to supervised release revocation proceedings. See United States v. Hill, 946 F.3d 1239, 1242 (11th Cir. 2020).\u201d United States v. Black, 2022 U.S. App. LEXIS 35886 (11th Cir. Dec. 29, 2022).*<\/p>\n\n\n\n<p>Plaintiff\u2019s suit over the search that led to his prosecution is barred by Heck. Mills v. Pivot Occupational Health, 2022 U.S. App. LEXIS 35862 (3d Cir. Dec. 29, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>By defendant\u2019s plea to a sex and child porn offense, the state could destroy the computer hard drives where the contraband was found. The seizure was in 2003, and the trial was 2017. State v. Forker, 323 Or. App. 323 &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=53933\">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":[14,126,20,58,67],"tags":[],"class_list":["post-53933","post","type-post","status-publish","format-standard","hentry","category-exclusionary-rule","category-issue-preclusion","category-probable-cause","category-probationparole-search","category-rule-41g-return-of-property"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53933","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=53933"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53933\/revisions"}],"predecessor-version":[{"id":53934,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53933\/revisions\/53934"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53933"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53933"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53933"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}