## Facts

- Police sought a warrant to search Larry R. Frasier, Jr.’s residence based on an affidavit reporting information from an anonymous “concerned citizen” who claimed first-hand observation of marijuana in the home and garage and alleged drug use involving Frasier’s children.
- The affidavit also alleged the informant had been shown pornographic images on Frasier’s computer believed to depict children.
- The issuing judge authorized a search for marijuana and drug-related items and records but struck requested language that would have authorized a search for child pornography on Frasier’s computer.
- During execution of the warrant, an officer accessed Frasier’s computer and opened a file labeled “Smoke,” finding drug-related correspondence about subverting drug screens.
- The officer then opened files in the computer’s documents menu without knowing the file type; the first file opened displayed an image of a young nude female, and additional “cryptically named” files appeared to be images.
- Officers stopped further exploration and obtained a second warrant specifically authorizing a search of the computer for child pornography.
- Frasier was charged with marijuana possession and child pornography and moved to suppress the seized evidence; the trial court denied the motion, and Frasier pursued a discretionary interlocutory appeal.

## Issues

1. Whether the first search warrant was supported by probable cause to search Frasier’s residence for marijuana and related items.
2. If probable cause was lacking, whether the good-faith exception permitted admission of evidence seized under the first warrant.
3. Whether the computer images were lawfully discovered and admissible under the warrant’s scope, the plain-view doctrine, and the subsequently obtained second warrant.

## Decision

- The Indiana Court of Appeals affirmed the denial of Frasier’s motion to suppress.
- The court held the affidavit provided probable cause to search for marijuana and related items and records.
- The court held that, even if probable cause were questionable, officers reasonably relied on the warrant issued by a neutral magistrate, triggering the good-faith exception.
- The court held the initial discovery of the computer images occurred during a lawful search for drug-related records and that the incriminating character of the image was immediately apparent; the later computer search was authorized by a second warrant.

## Legal Principles

- Probable cause may be supported by detailed, first-hand observations from a citizen informant; specificity and circumstances supporting reliability can justify issuance of a warrant.
- Under the good-faith exception, evidence need not be suppressed when officers reasonably rely on a warrant issued by a neutral magistrate, unless the warrant is so deficient that reliance is objectively unreasonable.
- A warrant authorizing a search for drug-related “records” can permit examination of computer files when such records may reasonably be stored digitally.
- Plain view permits seizure (or use) of evidence discovered during a lawful search when the incriminating nature of the item is immediately apparent and the officer is lawfully in a position to view it.
- A magistrate’s refusal to authorize a categorical search for a particular item (e.g., child pornography) does not bar admission of contraband inadvertently discovered while officers are conducting a lawful search within the warrant’s authorized scope; continued searching for that item should be supported by a specific warrant.

## Conclusion

The court upheld the search and denied suppression because the initial warrant supported a search for marijuana and related records (or, alternatively, officers acted in reasonable reliance on it), and the child-pornography images were first encountered while officers were permissibly examining computer files for drug-related records, then pursued only after obtaining a second, specific warrant.


Frasier v. State, 794 N.E.2d 449 (Ind. Ct. App. 2003)