People v. Nguyen
C.A. 6th; H042795 The Sixth Appellate District affirmed a judgment. The court held that a search warrant for a primary residence and outbuildings did…
June 08, 2017 at 06:37 PM
4 minute read
C.A. 6th;
H042795
The Sixth Appellate District affirmed a judgment. The court held that a search warrant for a primary residence and outbuildings did not include a second residence on the property.
Police identified an IP address for an Internet account sharing child pornography online. Comcast identified the account subscriber as Jennie Reynolds at 309 South 23rd Street in San Jose. Believing the property included both a residence and a large detached garage behind the residence, police obtained a search warrant for the residence and any garages and outbuildings at the address. When they executed the warrant, Reynolds informed them that the structure behind her house was actually a second residence inhabited by the landlord and property owner, Kevin Nguyen. The police then searched Nguyen's residence and found a laptop with child pornography. The trial court found the search overbroad and granted Nguyen's motion to suppress.
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