California, United States of America
The following excerpt is from People v. Thomas, A131157 (Cal. App. 2012):
our colleagues in federal court have explained under comparable circumstances, where the seizure of unlawful images is within the plain language of the warrant, "their recovery, after attempted destruction [by the defendant], is no different than decoding a coded message lawfully seized or pasting together scraps of a torn-up ransom note. [Citations.] The . . . warrant did not prescribe methods of recovery or tests to be performed, but warrants rarely do so. The warrant process is primarily concerned with identifying what may be searched or seized not how and whether there is sufficient cause for the invasion of privacy thus entailed." (United States v. Upham (1st Dist. 1999) 168 F.3d 532, 537 [where the warrant authorized seizure of all computers and available disks, police legally used a computer utilities program to recover from the hard drive and disks 1,400 previously-deleted pornographic images]; see also People v. Superior Court (Nasmeh) (2007) 151 Cal.App.4th 85, 98, fn. 4 ["the police . . . were entitled to use technology to determine the evidentiary value of trace materials possibly coming from an item listed in the warrant and purportedly found in [defendant's] car"].)
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