A murder victims body was found in Nevada, although she lived in Pinole, California, and white supremacist documents were found nearby. Her cohabitant had failed a polygraph test regarding his knowledge of her fate. The affidavit supporting the search warrant authorizing a search of computers in their shared house noted the internet is used for travel arrangements and to research white supremacist groups. The warrant authorized a search of the computer for any maps of the county in which the body was found. The technician searched plain text, special text, and graphics files. While searching the graphic files, he discovered child pornography. The court held that since the police were lawfully searching the graphic files, the evidence was properly admitted under the plain view doctrine.
Case Summaries