By: Daily Record Staff//August 28, 2013
By: Daily Record Staff//August 28, 2013//
U.S. District Court, WDNY
Scope of Search — Good Faith Reliance
United States v. Miller
Background: The defendant was charged in a three-count indictment involving the possession and production of child pornography that had been transported in interstate commerce. During the execution of a search warrant for the defendant’s home, police officers located a digital camera that had two images of child pornography. Police obtained a second warrant to search the camera’s SD memory card. The defendant moved to suppress the images seized from the camera and SD card on the ground that the police had exceeded the scope of the original warrant.
Ruling: The District Court denied the motion. The court found that the plain language of the search warrant at issue authorized the officers to search and seize photographs, whether they were located on Miller’s camera, the SD card or in hard copy. Further, there was nothing in the record that did not suggest that the officers did not rely upon the warrant in good faith.
Christian J. Kennedy for the defendant; Marissa J. Miller of the United States Attorney’s Office for the plaintiff