Nguyen
People v. Nguyen
Opinion
Lead Opinion
Premo, J.
*577 This case concerns the scope of a warrant to search a property based on probable cause that a computer on the property was used in a crime.
Police identified an IP address for an Internet account sharing child pornography online. Comcast identified the account subscriber as Jennie Reynolds at 309 South 23rd Street in San José. The police obtained a search warrant for the residence, garages, and outbuildings at the address. While searching Reynolds' house, the police discovered defendant Kevin Nguyen was living in a separate residence behind the house. The police then searched Nguyen's residence and found a laptop with child pornography. The trial court found the search overbroad and granted Nguyen's motion to suppress.
The Attorney General appeals. He contends the warrant expressly authorized the search. He argues the warrant affidavit set forth probable cause to search any residence on the property because anyone on the property could have accessed Reynolds' computer network wirelessly. Finally, the Attorney General contends the police acted in good faith reliance on the warrant.
We hold the police lacked probable cause to search defendant's residence because they had no…