Hill

Defendant has been indicted on one count of possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B). He brings a series of pre-trial motions, raising the following issues: What must an affidavit allege to establish probable cause that images on a defendant’s computer are child pornography? Is a warrant over-broad if it permits seizure of computer media without requiring that they be inspected at the scene? If it doesn’t define the search methodology? Finally, are defense counsel and his expert entitled to copies of the computer media the government seized from defendant’s home?

Facts

Á computer technician was repairing defendant’s computer when she discovered what she believed to be child pornography. She called Long Beach police, and the detective who took the call obtained a search warrant from a judge of the Long Beach Superior Court. The warrant authorized a search of the computer repair store and seizure of the computer, any work orders relating to the computer, “[a]ll storage media belonging to either [the computer] or the individual identifying himself as [defendant] at the location,” and “[a]ll sexually explicit images depicting minor[s]…