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S.D.Ala.: Probation search of computer was reasonable after visit revealed gun then potential CP magazine

By John Wesley Hall, Jr.

Probation search of defendant’s computer was reasonable after finding first a gun and then “Family Lust” magazine indicating child pornography. United States v. Howard, 2011 U.S. Dist. LEXIS 975 (S.D. Ala. January 5, 2011): Applying this balancing test results in a finding that the probation officers search of Howard’s computer was reasonable. After entering Howard's home and seeing a gun in plain view, the officers were justified in continuing their search of the house for other illegal weapons. The continuation of the search resulted in finding the magazines. Upon discovering the magazines, it was not unreasonable for the probation officers to suspect that Howard might perpetuate this interest, i.e. Family Lust (Fathers and their Teenage Daughters), through the use of the internet...continue to full post

Full post as published by Fourth Amendment on January 08, 2011 (boomark / email).