State v. Nadeau
Maine Supreme Judicial Court
1 A.3d 445 (2010)
- Written by Sharon Feldman, JD
Facts
Keith Nadeau (defendant) was a student at the University of Maine at Farmington. The university police received a report from another student that Nadeau had child pornography on his personal computer. On December 4, 2007, the police lawfully seized Nadeau’s computer. A search warrant to examine the computer’s contents, issued on December 11, 2007, directed that the warrant be returned to the court with a written inventory within 10 days of the warrant’s issuance. The forensic examination of Nadeau’s computer was completed more than seven months later on July 21, 2008. Nadeau was indicted for possessing sexually explicit material and entered a conditional plea of guilty. On appeal, Nadeau maintained that the forensic search of his computer was unconstitutional because the search exceeded the 10-day period directed for the execution and completion of the search. The state (plaintiff) argued that computer searches are complex and greater flexibility is required in the way in which evidence from a computer is obtained.
Rule of Law
Issue
Holding and Reasoning (Levy, J.)
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