What is the current state of the law with respect to the seizure of child pornography by police?

California, United States of America


The following excerpt is from People v. Thomas, G049862 (Cal. App. 2015):

"On the other side of the equation, law enforcement's interests [in seizing appellant's computer] were . . . strong," in that the police had probable cause to believe it contained evidence of child pornography. (United States v. Burgard, supra, 675 F.3d at p. 1034.) Child pornography is not only a reprehensible offense in and of itself, it "is proximately linked to the sexual abuse of children [citation], 'a most serious crime and an act repugnant to the moral instincts of a decent people' [citation.]" (In re Grant (2014) 58 Cal.4th 469, 477.) It cannot be gainsaid that the police were pursuing an important governmental interest in this case.

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