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Computer search warrant read too narrowly by motions court by ignoring technological realities; suppression reversed

By John Wesley Hall, Jr.

The state showed probable cause and nexus to the places to be searched within the four corners of the affidavit to search for child porn. The motion court's reading was too narrow. Commonwealth v. Anthony, 2008 Mass. LEXIS 208 (April 2, 2008): Contrary to the defendant's assertion, the Commonwealth is not asking this court to loosen the standard for finding the requisite nexus between the criminal activity described in the affidavit and the place to be searched where computer-based crimes are involved. We recognize that computer technology has rendered the collection, storage, and dissemination of child pornography more amorphous. Nonetheless, all that is required is the consistent application of our well-established approach to analyzing the four corners of an affidavit for determining whether probable cause exists for a search warrant to issue...continue to full post

Full post as published by Fourth Amendment on April 04, 2008 (boomark / email).