Question: As the text notes, the plain view doctrine is often used to justify the admission of evidence of crimes discovered when officers look inside a
As the text notes, the “plain view” doctrine is often used to justify the admission of evidence of crimes discovered when officers “look” inside a computer file pursuant to a search warrant or in another lawful manner. Because cell phones, in particular smartphones, have video storage capability, many of the computer search rules are applicable to searches of cell phones. In a prosecution for possession of child pornography found on a cell phone, what must the defendant prove to avoid the “plain view” doctrine? What mistakes did the defendant make in the case of Deaver v. State, 314 S.W. 3d 481 (Tex. App.
2010)?
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