Evans

Appellant, Michael E., was charged with possession of material depicting a person under the age of 18 engaging in or simulating sexual conduct, a felony. (Pen. Code, § 311.11, subd. (a).) After his motion to suppress evidence was heard and denied, appellant entered a plea of guilty. The trial court suspended imposition of sentence and placed appellant on probation for three years subject to specified terms and conditions.

The sole issue presented is whether, as appellant claims, the trial court erred in denying his motion to suppress video files found in a search of his computer because the warrantless search conducted by the police exceeded the scope of a prior private search and therefore violated “a subjective expectation of privacy that society recognizes as reasonable.” (Kyllo v. United States (2001) 533 U.S. 27, 33 [ 150 L.Ed.2d 94 , 121 S.Ct. 2038 ].) We conclude that the police’s subsequent search of appellant’s computer did exceed the scope of the private search and that the trial court therefore erred in denying appellant’s motion to suppress.

FACTS AND PROCEEDINGS BELOW

On September 27, 2011, appellant brought his computer to Sage’s Computer in Fort Bragg…