United States v. Perez

A Federal Bureau of Investigation agent downloaded files containing child pornography shared by a computer signed on to a peer-to-peer network. The IP address that shared the files was assigned to the home of Javier Perez (defendant). A warrant was issued authorizing the search of Perez’s home for all visual depictions of child pornography on whatever medium and other materials related to child pornography. Agents seized a desktop computer and three thumb drives. Using forensic-analysis software, the government (plaintiff) catalogued and segregated files based on the file type and extracted graphic images and video files concealed with extensions not generally associated with those file types. To review the extracted files, agents viewed thumbnails of graphic images and opened any they believed contained child pornography, played short portions of video files, opened emails without attachments if the subject line or sender indicated they contained child pornography, and opened and cursorily examined other extracted file types such as internet history. The agents found 10 files containing child pornography and a list of child-pornography-related search terms that had been used to search the peer-to-peer network. Perez was charged with distributing and possessing child pornography. Perez moved to preclude the government from introducing evidence obtained from his computer, arguing that the use of the forensic-analysis software exceeded the scope of the warrant and the opening of files constituted an unlawful rummage for evidence.