Thursday, January 29, 2009

The Plain View Doctrine and Child Pornography

I'm a "computer engineer" from Greenhills and I do house calls to fix computers. That’s precisely what I try to do but since:

1. it takes me more than the 2 hours I promised I can have your computer up and running, and
2. you have to go to work, and
3. no one else available to keep watch over me (of course you do not trust me alone in your house),

you grudgingly allow me to bring your computer back to my shop in Greenhills. Before I leave though, you make a curious comment "May mga makikita ka jan na weird, kse weird ang taste ng kapatid ko."

As I work on your computer, I see a file which is (curiously) titled "XXX." I remember your comment and open the directory. In it I find pages of file names describing children performing sexual acts. I review a number of the files and determine that children depicted in the images were between the ages of 10 and 15. I call the police on December 23, 2008 and they go to my house on December 28, 2008. I show these filenames to them and turn over your computer.

Thereafter a search warrant for your computer is obtained by the police and you are charged with violating the Anti-Child Pornography Law*

Your s(l)ick lawyer now wants to suppress the computer files for being a fruit of an illegal search. He argues the fact that your computer filenames were viewed amounts to an unreasonable search without warrant.

And I cry because you might just be right.

*In reality this is still pending in Congress.


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