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TN: In a counterfeiting investigation with consent, computer, scanner, and color printer are obviously instrumentalities of the crime

By John Wesley Hall, Jr.

Defendant was arrested at home for passing three counterfeit $10 bills at McDonald’s restaurants. His roommate consented to a search of the common area, and the original $10 bill was found with computer equipment. Since computers, scanners, and color printers are now used to counterfeit money, the evidentiary value of the computers was immediately apparent justifying their seizure. A later valid search of the computers turned up child pornography. State v. Wendland, 2011 Tenn. Crim. App. LEXIS 82 (January 31, 2011).* Probable cause was shown for the search warrants in this case by controlled buys where the CI was told to come to the buildings searched. As to a Franks challenge, the omitted information was not at all material to the finding of probable cause...continue to full post

Full post as published by Fourth Amendment on February 07, 2011 (boomark / email).