Henson v. State
314 Ga. App. 152
Ga. Ct. App.2012Background
- Police, acting on CI information, believed Gabe sold marijuana from 175 International Drive, Athens.
- CI conducted a controlled buy; officers obtained a search warrant for Gabe's apartment describing marijuana and related drug-distribution items, including electronic records.
- Henson, Gabe's roommate, opened the door; officers smelled marijuana and found drug-paraphernalia in the apartment.
- An officer opened Henson's laptop and, through the My Pictures folder, discovered images appearing to be child pornography.
- Officers halted the search and obtained warrants specifically for child pornography; hundreds of images and dozens of videos were later found.
- Henson was indicted on twenty counts; he moved to suppress the child-pornography evidence arguing the search exceeded the warrant scope; trial court denied; interlocutory appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did opening the My Pictures folder exceed the warrant scope? | Henson argues the search went beyond 'electronic records'. | State contends 'records' includes electronic files; warrant covered computer data. | No error; search within warrant scope. |
| Is the term 'electronic records' sufficiently specific to include pictures? | Pictures are not 'records' under the warrant. | Pictures qualify as records; they preserve or evidence facts. | Yes; pictures fall within 'electronic records'. |
Key Cases Cited
- Reaves v. State, 284 Ga. 181 (2008) (particularity flexible; reasonable certainty suffices)
- Walser, 275 F.3d 981 (10th Cir. 2001) (initial computer search within warrant; stop pending new warrant)
- Hawkins v. State, 307 Ga.App. 253 (2010) (reminder to limit computer searches to warrant scope)