United States v. Kevin Nessland

MEMORANDUM

Kevin Scott Nessland appeals his conviction for receipt of visual depictions in violation of 18 U.S.C. § 2252 (a)(2). We affirm.

(1) Nessland first asserts that his right under the Fourth Amendment to the United States Constitution to be free from unreasonable searches and seizures was violated when certain of his external hard drives were examined pursuant to a duly issued search warrant. We disagree. The warrant was issued to search the drives for images and videos of neighbors that were improperly taken by him. It did not specify “ ‘the precise manner’ ” of execution, but it was not required to do so. United States v. Grubbs, 547 U.S. 90, 98 , 126 S.Ct. 1494, 1500-01 , 164 L.Ed.2d 195 (2006). The officers were searching for a particular type of photographic image and came across the images in question here, which were in plain view. See United States v. Wong, 334 F.3d 831, 838 (9th Cir.2003). Thereupon, they stopped their search, and did not return to it until they obtained another warrant that covered the new type of images. See United States v. Giberson, 527 F.3d 882, 885, 889-90 (9th Cir.2008). That approach did not violate Nessland’s rights. Indeed, this case…