Missouri appellate court finds search unconstitutional, affirms conviction

In State v. Sachs, the Missouri Court of Appeals considered whether pictures of a computer's screen introduced at trial were improperly obtained. 2012 Mo. App. LEXIS 571. Law enforcement had tracked child pornography activity to the defendant's home. They arrived to talk with him without a search warrant, and the defendant admitted downloading child pornography. When the defendant stepped outside to call his parents, the detective began opening programs on the computer and taking pictures of the screen.

On appeal, the defendant argued that the search of the computer without a warrant was unconstitutional and the evidence should have been suppressed. The court found that "using a mouse and/or keyboard to shuffle between files that are not plainly visible" is a search. The prosecution argued that an exigent circumstance existed because shutting down the computer would have cleared the RAM. The court disagreed, finding that an officer could have remained with the computer until the search warrant was obtained and that an "inconvenience for the officers and Appellant's roommates" is irrelevant.

The state argued the evidence was admissible under inevitable discovery. The court held:

The State has failed to explain, nor do we perceive, how access to the active files on the computer to view and take pictures of the active programs was inevitable. Detective Anderson testified to his intent to turn off, unplug, and remove the computer from the premises prior to applying for a warrant. Thus, the record reflects that, as a result of Detective Anderson's own actions, the ability to view and photograph the active programs would not have existed by the time a warrant could be obtained for a lawful search to have been conducted. Admission of the pictures of the active computer screens or Detective Anderson's testimony related to his access of the active programs could not be justified by the inevitable discovery doctrine.

Of course, the solution was getting the search warrant prior to unplugging the computer. An officer should have remained with the computer until a warrant was obtained, and then the search of the active files could have occurred and photographs could have been taken.

The court ultimately held that although the photos and testimony should not have been admitted, the properly admitted evidence of the defendant's guilt was overwhelming, and the conviction was affirmed.