In a child pornography prosecution, denial of defendant’s motion to suppress evidence of child pornography found on his personal computer is reversed where a search of defendant’s computer exceeded the scope of the warrant and did not meet the Fourth Amendment standard of reasonableness.

Read US v. Payton, No. 07-10567

Appellate Information

Argued and Submitted November 19, 2008

Filed July 21, 2009

Judges

Opinion by Judge Canby

Counsel

For Appellant:

Sherrill A. Carvalho, Assistant United States Attorney, Fresno, CA

For Appellee:

Eric V. Kersten, Assistant Federal Public Defender, Fresno, CA

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