People v. Michael E.10/9/14 CA1/2

FACTS AND PROCEEDINGS BELOW

On September 27, 2011, appellant brought his computer to Sage’s Computer in Fort Bragg for servicing. In the course of working on the computer, Sage Statham viewed images on the computer of what appeared to him “to be underage girls engaged in

1 sexual activity.” Statham felt it appropriate to call the Fort Bragg Police Department to inquire whether these materials were “something that they should be looking at.” Officer Brian Clark, who responded to the phone call and viewed the files at Statham’s computer repair shop, stated that although the girls in the photos he viewed were posing in a sexual manner, none of them were nude or “engaging in sexual activity or simulating any sexual activity.” Indicating he did not consider the images pornographic, Clark asked Statham whether he “could search through and look at” anything else in the computer. After further examining appellant’s computer files, Statham found video files he had not previously noticed. When directed by Officer Clark to open these files, Statham tried to but was unable to do so. Statham was, however, able to put the video files on a USB flash drive,1 which he gave to Officer Clark.…