Balint

People v. Balint

Good Law
138 Cal. App. 4th 200·2006 Cal. App. LEXIS 465·2006 Daily Journal DAR 3866·41 Cal. Rptr. 3d 211·2006 Cal. Daily Op. Serv. 2721
Court of Appeal of CaliforniaMarch 30, 2006G034435California3,880 words

Opinion

Opinion

Aronson, J.

A jury convicted Kelli Marie Balint of receiving stolen property. (Pen. Code, § 496; all statutory references are to the Penal Code.) She contends officers exceeded the scope of a search warrant for her residence when they confiscated an open laptop computer under a warrant clause authorizing seizure of “any items tending to show dominion and control” of the premises searched. We agree with the trial court that a laptop computer logically could serve as a container for information tending to show occupancy and control of the residence. Accordingly, we affirm the judgment.

I

Facts

Erin Fouche’s Compaq-brand laptop computer was stolen from her car in Irvine on October 30, 2002. Anaheim police officers executing a search warrant on November 25, 2002, found the computer on a living room sofa in Balint and John Stephens’s Anaheim residence. The computer was open and turned on, and had been used repeatedly between October 30 and November 25. It contained data identifying Fouche as the owner. Investigators found two additional laptop computers, a damaged WinBook on the floor near the couch, and a Toshiba in a bedroom closet. The serial numbers on the computers had been…

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