Klugman v. Superior Court
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A warrant issued for the search of Klugman’s residence and his dental practice, authorizing the seizure evidence of child pornography. Officers seized extensive electronic evidence contained on multiple devices. Klugman was charged with knowingly possessing images of minors engaging in or simulating sexual conduct. In a motion to suppress, Klugman cited the Electronic Communications Privacy Act, sections 1538.5 and 1546.4(a), asserting that the warrant lacked particularity and probable cause and “contained no limiting time periods, specific accounts, precise descriptions of the types of information, or particular electronic devices that could be seized. Nor did it contain any safeguards such as sealing or the appointment of a referee to preserve the privacy of seized information unrelated to the purpose of the warrant. Instead, it authorized a ‘complete dump’ of all electronic devices ... including thousands of patient records.”
The court of appeal affirmed. Even disregarding timeliness issues, the trial court did not err. The reports based on information derived from third parties were not conclusory, were not stale, and were reliable and corroborative; inferences from tips were reinforced by the opinion of the affiant, a 20-year veteran who relied on his training, experience, and conversations with other officers and with the computer forensics expert. While the warrant for Klugman’s equipment did not dictate that medical information about Klugman’s patients be sealed in compliance with HIPAA, investigating officers previewed material at the scene, “thus addressing the issue noted in the statute.”
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