Larry R. Frasier, Jr. v. State

794 N.E.2d 449 (2003)

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Larry R. Frasier, Jr. v. State

Indiana Court of Appeals
794 N.E.2d 449 (2003)

  • Written by Sharon Feldman, JD

Facts

The police received tips that Larry Frasier (defendant) had marijuana in his house, was growing marijuana in his garage, and had pornography on his computer. The police obtained a warrant to search Frasier’s home and garage for marijuana, records related to marijuana sales, and drug-related items. The judge crossed out a request for authority to search for child pornography. While executing the warrant, a detective opened a computer file labeled “Smoke” and saw a letter to a company that sold a product for subverting drug screens. The detective began opening files listed in the “documents” menu. The first document the detective opened contained an image of a young nude female. The detective opened a few more cryptically named files, realized the files listed in the “documents” menu contained images, and sought a warrant to search the computer for child pornography. Frasier was charged with possession of marijuana and child pornography and moved to suppress the evidence seized during the search. The detective testified that he did not know what type of file he was opening when he found the first image. Frasier’s suppression motion was denied. On appeal, Frasier argued that the images on his computer were not admissible under the plain-view doctrine.

Rule of Law

Issue

Holding and Reasoning (Sullivan, J.)

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