Peope v. Evans
Annotate this CaseEvans took his computer in for service. A technician found images that appeared to be young girls engaged in sexual activity and called police. Indicating he did not consider the images pornographic, an officer asked Statham whether he “could search through and look at” anything else in the computer. After further examination, the technician found video files he had not previously noticed. When directed by the officer to open these files, the technician was unable to do so. He was, however, able to put the video files on a USB flash drive, which he gave to police. Another officer opened the files and found “juvenile pornographic material.” The next day the computer was seized. Evans was charged with possession of material depicting a person under the age of 18 engaging in or simulating sexual conduct, a felony. After his motion to suppress evidence was heard and denied, Evans entered a plea of guilty. The trial court suspended imposition of sentence and placed appellant on probation for three years subject to specified terms and conditions. The appeals court reversed denial of the motion to suppress the video files. The search of the computer by police after being notified by the technician exceeded the scope of the private search.
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