Carey

MEMORANDUM

Appellant Christopher Blaine Carey appeals (1) the denial of his motion to suppress evidence of child pornography and (2) the imposition of certain conditions as part of his supervised release. This court has jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We affirm.

Carey brought his computer to a repair shop in Claremont, CA to fix a floppy disk drive, and the technician found child pornography while working on the computer. The technician contacted the Claremont Police Department and showed an officer images from the computer, upon which the officer obtained a warrant to search the computer and defendant’s residence. Carey sought to suppress evidence procured from these searches due to violation of his Fourth Amendment rights.

The technician’s search of Carey’s hard drive was a private search that did not implicate the protections of the Fourth Amendment. United States v. Sherwin, 539 F.2d 1, 5 (9th Cir.1976). No governmental actors were present during the search. There were no agreements between the repair shop and the police department, and there is nothing to indicate that the technician initially searched Carey’s computer with the intent to…