United States v. Alfred Botta

MEMORANDUM

Defendant Alfred Botta conditionally pled guilty to one count of possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B), while preserving his ability to appeal from the denial of his motion to suppress evidence. Botta contends that the police failed to comply with search warrant protocol that required an initial on-site review of his computer equipment and storage devices to determine whether they contained material depicting child pornography.

The district court did not err in denying the motion to suppress as it relates to the search of the computer. The search warrant protocol required an initial on-site review of computer equipment only if the review could be conducted in a reasonable amount of time and without jeopardizing the ability to preserve data as a condition to the seizure of the equipment. United States v. Adjani, 452 F.3d 1140 , 1149-50 (9th Cir.), cert. denied, 549 U.S. 1025 , 127 S.Ct. 568 , 166 L.Ed.2d 420 (2006) (an on-site review is not always required). The computer forensic officer brought the equipment necessary for a typical on-site search but determined that an on-site search at Botta’s residence would take an unreasonable…