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Name: United States v. Hill
Case #: 05-50219
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/11/2006
Summary

An affidavit describing images of partially nude minors was sufficient to establish probable cause to support a warrant to search a suspect’s computer storage media. Although nude photos of minors may constitute protected expression under the First Amendment, the warrant affidavit described images intended to sexually arouse the viewer, raising a fair probability that child pornography would be found on the computer. The warrant was overbroad in authorizing a seizure of all of the suspect’s computer property so that it could be searched at the police station, and the affidavit did not sufficiently detail the need for such a seizure, but the search was reasonable in its execution, and the overly broad request was prompted for reasons of practicality and not by the officers’ desire to go on a “fishing expedition.” Thus, the search was reasonable under the Fourth Amendment.