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CA9: Search for evidence of drug sales that came up empty did not justify search of defendant's computer

By John Wesley Hall, Jr.

A search warrant for drugs and possible records of drug sales did not permit officers to enter defendant's computer where the execution of the warrant produced no evidence of drug sales on the premises. (There was also a Franks violation because the officer represented a neighbor's report of drug use and drug sales, but the remainder of the affidavit showed PC. Child porn was found on the computer.) United States v. Payton, 07-10567 (9th Cir. July 21, 2009): The search warrant did explicitly authorize a search of Payton’s premises to find and seize, among other things, “[s]ales ledgers showing narcotics transactions such as pay/owe sheets,” and “[f]inancial records of the person(s) in control of the premises.” The crucial question is whether these provisions authorized the officers to look for such records on Payton’s computer...continue to full post

Full post as published by Fourth Amendment on July 22, 2009 (boomark / email).