tag:blogger.com,1999:blog-21633793.post8573254322451004367..comments2023-12-12T03:19:42.467-05:00Comments on CYB3RCRIM3: "Plain View"Susan Brennerhttp://www.blogger.com/profile/17575138839291052258noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-21633793.post-78950105538158568562008-06-03T06:26:00.000-04:002008-06-03T06:26:00.000-04:00I think your #1 would have been the better bet, be...I think your #1 would have been the better bet, because I think they were only justified in seizing what they had probable cause to believe was evidence of a crime: the message itself. Now, the message might well have given them probable cause to think there was other evidence in the computer, but that's probable cause to conduct a search (not to seize), and under the decision in Hicks would need a warrant.<BR/><BR/>I don't know if a motion to suppress would succeed, but I would certainly have filed it. The defense did, as I said (I think?) in the post, file a motion to suppress, but I can't tell from the opinion if it was focused on this particular, rather narrow issue. And maybe it was, and maybe the court just didn't see it this way.Susan Brennerhttps://www.blogger.com/profile/17575138839291052258noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-20171499303437997332008-06-01T14:25:00.000-04:002008-06-01T14:25:00.000-04:00I completely agree that taking the entire computer...I completely agree that taking the entire computer just feels wrong. I assume that the police just wanted to make sure they could access all chat records with whoever sent the message so that they could search for more definite and incriminating evidence. I have two questions about this case, one from the detective’s side and the other from a defense attorney’s perspective. <BR/><BR/>1. In this case should the detectives have just taken the picture of the screen to a judge and asked for a warrant to search and copy all chat logs/word documents/e-mails on the computer? <BR/><BR/>2. Seeing as the detectives did not do this, would any evidence obtained from the computer outside of the first message get thrown out? It doesn’t seem like it became an issue here but if she had chat logs detailing plans to kill the man and the police over-reached in the original search to get at them, it feels like a motion to suppress might succeed there.Unknownhttps://www.blogger.com/profile/15329202714772594323noreply@blogger.com