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Criminal Law

: Tenth Circuit Blog

By Shari Allison

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United States v. Burgess, ___ F.3d ___, 2009 WL 2436674 (10th Cir. 2009).Known Hell?s Angels? motor home stopped for expired plate on trailer. A drug dog alerts, cops smell pot, defendant (D) says can?t search--get a warrant. Cop enters anyway and finds pot and cocaine, sees a laptop, D says pot is his. D is arrested. Cops get warrant to search entire motor home (alleges that drug dealers keep photos of associates!). Affidavit incorporated into the warrant outlines all sorts of drug stuff, and ?computer records.? In executing warrant cops seized two hard drives and laptop. Agent used a preview function as the hard drives were being quick copied to look for fotos of drugs and money, and saw a foto of child sexual abuse. He immediately stopped looking and got a new warrant to search for child SA...continue to full post

Full post as published by Tenth Circuit Blog on August 12, 2009 (boomark / email).