November 19, 2009 By Wallin & Klarich

Police obtained a warrant to search the property of a defendant thought to be a drug dealer. While in the house executing the search warrant, police officers decided to also search the defendant’s computer and discovered child pornography. As a result of the search of the computer, the homeowner was charged with unlawful possession of child pornography. Although the search warrant did not specifically authorize a search of any computers, the trial court denied the defendant’s motion to suppress the evidence found on the computer.

A motion to suppress evidence is used when evidence is obtained in violation of the defendant’s rights. If the motion is granted, the evidence is not allowed to be used at trial. In this case, the trial court denied the defendant’s motion, ruling that although the warrant never authorized the search of a computer, there was no violation of the defendant’s rights, and the evidence could be used against him. The court said that since the judge who issued the search warrant testified that he intended to include the search of computers, the search was proper.

The Court of Appeal in California disagreed and ruled that the search of the defendant’s computer violated his Constitutional rights. The court ordered that all evidence obtained from the computer was inadmissible at trial.

If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive, experienced criminal defense firm that knows how to protect your legal rights against unlawful search and seizures. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom, and ensuring that you receive the lowest possible sentence. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 888-280-6839 or go to our website at for more information.

Contact Us
  •   17592 Irvine Blvd,
      Tustin, CA 92780
  •   (714) 730-5300
  •   (888) 280-6839
SCHEDULE YOUR free consultation

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2024 Wallin & Klarich - All rights reserved

California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The contents of this website may contain legal advertising. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. This web site is not intended to solicit clients for matters outside of the state of California.