[Download] "Rosa v. Commonwealth" by Court of Appeals of Virginia ~ Book PDF Kindle ePub Free
eBook details
- Title: Rosa v. Commonwealth
- Author : Court of Appeals of Virginia
- Release Date : January 11, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
Present: Judge McClanahan, Senior Judge Willis and Retired Judge Fitzpatrick.1 Argued at Richmond, Virginia OPINION Keith Rosa (appellant) was convicted in a bench trial of ten counts of possessing sexually explicit visual material of a person less than eighteen years of age, in violation of Code § 18.2-374.1:1. Appellant contends that the trial court erred in denying his motion to suppress pictures found on his computer during a search of the computer. Appellant argues that the officer conducting the search unreasonably exceeded the scope of the search warrant by opening files that were labeled with picture extensions. Furthermore, appellant claims that the picture files were not in ""plain view"" because appellant had previously deleted them and they could only be viewed by the officer after he reconstructed them with a computer program. We hold that the officer acted reasonably in opening the picture files and that the deleted files were in plain view. Thus, we affirm the judgment of the trial court.