Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CA1: Search warrant for a photo of a child logically permits search of a videotape

By John Wesley Hall, Jr.

A search warrant for a photo of a child logically permits search of a videotape, given the state of technology. United States v. Rogers, 2008 U.S. App. LEXIS 6171 (1st Cir. March 25, 2008): Furthermore, "[a]s a general proposition, any container situated within residential premises which are the subject of a validly-issued warrant may be searched if it is reasonable to believe that the container could conceal items of the kind portrayed in the warrant." ... In determining whether it is reasonable to search a particular container for an object, "search warrants and affidavits should be considered in a common sense manner, and hypertechnical readings should be avoided." ... In the instant case, the critical question is whether it is reasonable to believe that a videotape could contain "photos of DW...continue to full post

Full post as published by Fourth Amendment on March 27, 2008 (boomark / email).