People v. McCavitt

This case presents question as to whether trial court properly denied defendant's motion to suppress images of child pornography found by police in copy of copy of defendant's hard-drive under circumstances where: (1) police had obtained warrant to search said hard-drive in prior criminal case and had obtained copy of said hard-drive; (2) on day after defendant was acquitted of charges in prior case, police initiated internal investigation of defendant that included examination of copy of copy of defendant's hard-drive; (3) defendant requested return of hard drive following his acquittal; and (4) defendant filed instant motion to suppress after his acquittal in prior case. Appellate Court, in reversing defendant's conviction, found that police had no authority to retain possession of copy of defendant's hard-drive after he had been acquitted in prior case and observed that: (1) no reasonably trained police officer would have concluded that he could perform warrantless search of mirrored hard-drive that he had no right to possess; (2) State conceded that search warrant issued in prior case had already been executed; and (3) had officer sought second search warrant to search copy of instant hard-drive, good-faith exception would likely have applied. (Dissent filed.)