You were the arresting officer in a child pornography sting. You were acting on probable cause and did not enter the premises with a search warrant. In the course of the arrest, you confiscate an unregistered handgun and a computer. Since this search was accomplished in the course of an arrest, you go ahead and look through the files on the system. You find what you need to convict the guy on child pornography charges. Yet, when the dust clears, he skates on the CP and is only convicted on a firearms charge. Why was the gun legal evidence and not the computer?
a. It failed the prophylactic test for plain view.
b. The inadvertance approach to plain view was not clear and evident.
c. A search conducted in the course of an arrest does not allow evidence to be obtained from a computer system.
d. The computers as containers test applies. You "opened" the container to view the files.
d. The computers as containers test applies. You "opened" the container to view the files.
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