778 S.E.2d 483
S.C. Ct. App.2015Background
- Cardwell appeals a conviction for two counts of unlawful conduct toward a child and two counts of first-degree sexual exploitation of a minor.
- Cardwell challenged the trial court’s denial of her motion to suppress a video and her laptop seized during repair work.
- Marsh repaired Cardwell’s laptop by removing the drive and downloading data to his computer.
- Chief Douglas observed a still image and requested Marsh to back up a video, which Marsh and later investigators reviewed.
- Georgetown County investigators obtained and executed a warrant after viewing the video, which had been copied and turned over by Marsh.
- Circuit court denied suppression; Cardwell was tried, convicted, and sentenced; this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonable expectation of privacy | Cardwell retained privacy in her laptop data despite repair. | Cardwell relinquished privacy by turning over the laptop to a technician for repair. | No reasonable expectation in the video; denial of suppression affirmed for video. |
| Plain view doctrine applicability | Viewing the video without a warrant violated Fourth Amendment. | Plain view allowed viewing of the still image and video content. | Plain view supported denial as to the still image; viewing the full video required warrant for opening. |
| Inevitable discovery | Video would not be lawfully discovered without a warrant. | Discovery could be delayed but would eventually occur through lawful means. | Inevitable discovery doctrine supports denial; warrant would have been obtained. |
Key Cases Cited
- United States v. Jacobsen, 466 U.S. 109 (1984) (limits on examining contents of a seized container without a warrant)
- Horton v. California, 496 U.S. 128 (1990) (plain view requires lawful initial intrusion and immediate incrimination)
- Blair v. United States, 665 F.2d 500 (4th Cir. 1981) (container/plain view analogy for digital files)
- United States v. Williams, 41 F.3d 192 (4th Cir. 1994) (plain view limitations on examining contents)
- State v. Sachs, 372 S.W.3d 56 (Mo. Ct. App. 2012) (physical accessibility of files akin to open containers)
- United States v. Simons, 206 F.3d 392 (4th Cir. 2000) (employee lack of privacy in monitored internet activity)