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D.Utah: Photographing scene of search is not a violation of SW

By John Wesley Hall, Jr.

In a rare federal obscenity prosecution, the requirement that the issuing magistrate "focus searchingly on the question of obscenity" (Marcus v. Search Warrant) did not require the magistrate to actually view the DVD (P.J. Video). Photographing the scene of the search (300 pictures) was permitted under the warrant. United States v. Harb, 2009 U.S. Dist. LEXIS 26745 (D. Utah March 30, 2009): Defendants cite no authority for this argument. As cited by the government, the authority is to the contrary.31 The agents were lawfully on the premises and, therefore, their photographs during the execution of the search warrant is not a seizure in violation of the Fourth Amendment. Because the agents "in this case were properly on the [business] premises, they could record by photography scenes presented to their plain view...continue to full post

Full post as published by Fourth Amendment on April 07, 2009 (boomark / email).