The Private Search Doctrine in Child Pornography Cases

Many child pornography cases begin when someone with access to the defendant’s computer looks through it, finds child pornography, and contacts law enforcement. For example, the recent Raleigh case in which a “Santa for hire” was charged with possessing child pornography began when a computer repair technician contacted police. In this type of case, does the private party’s search of the defendant’s computer destroy the defendant’s privacy interest such that an officer may then search the computer without a search warrant? A recent federal case explores the issue. The private search doctrine. The Fourth Amendment only limits searches by the government, not private parties. One aspect of the private search doctrine concerns how to analyze a law enforcement search that follows a private search. The seminal case in this area is United States v. Jacobsen, 466 U.S. 109 (1984), where FedEx employees opened a package that had been damaged by a forklift, found bags of white powder inside, and contacted the DEA. DEA agents then opened the bags and conducted a field test that identified the powder as cocaine. The package was then delivered to the defendants, who were charged with a drug offense. They moved to suppress, arguing that the agents’ opening of the bags and testing of the powder were unlawful warrantless searches. The matter reached the Supreme Court, which ruled that the agents’ actions did not violate the Fourth Amendment, for “[o]nce frustration of the original expectation of privacy occurs [at the hands of a private party], the [...]