P19hf56 Y0nktrzu3 Jsaqx Oe42lnmi9r

Child Pornography Virginia Search Warrant Suppress Lawyers Bath County

Child Pornography Virginia Search Warrant Suppress Lawyers Bath County

Kevin v. Commonwealth
Facts:

Defendant was convicted in the Circuit Court of Bath County (Virginia) of 10 counts of possessing sexually explicit visual material of a person less than 18 years of age. He appealed his conviction and the denial of his motion to suppress.

Child Pornography Virginia Search Warrant Suppress Lawyers Bath County

Child Pornography Virginia Search Warrant Suppress Lawyers

Issue:
  • Whether the officer executing the warrant was limited to opening computer files with text extensions?
Discussions:

A victim told police about her computer conversations with defendant on illegal subjects, and the police got a search warrant for data on his computer about the conversations. In executing the warrant, they found child pornography. The appellate court held the officer executing the warrant was not limited to opening computer files with text extensions, and could open those with picture extensions, because defendant could apply any label to file extensions, regardless of the file’s contents. A word search would not find text saved as a picture file, and a chat session with the victim could be saved as a picture file. It was impossible to tell if a picture file was within the warrant’s scope without opening it. The officer could examine all computer files and, when he saw pornography, obtain a second warrant for that material. Defendant’s attempt to delete the picture files was irrelevant. The warrant allowed a search of any part of the computer that might have information listed in the first warrant, so the officer could look at deleted files that were re-created. The deleted files were not protected by defendant’s attempt to erase them, and they were in plain view.

The SRIS Law Group Virginia lawyers will do their best to help you with your sex crime case. Contact a Virginia lawyer from our firm to discuss your sex crime case. A Virginia lawyer from our firm will talk with you about your sex crime case in Virginia and advise you about your options. You can count on a lawyer from our firm to try their best to help you obtain the best result possible based on the facts of your case.

We have client meeting locations in Fairfax County, Prince William, Richmond, Virginia Beach, Fredericksburg & Lynchburg.

Article written by A Sris

Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Comments are closed.

Powered by: Wordpress