Like for example: a drug raid, or they’re accusing you of illegal hacking, or some sort of TheSilkRoad type of stuff.
Assuming the original investigation find no evidence and leads to no charges, could they use the pirated content that you have as a last ditch effort to get you in prison? Not distributing, just personal use.
Not limited to any specific jurisdiction, just want to know what happens in general.
I edited my post to include a case which explains the plain view exception with regard for digital files. From the sound of it, if the warrant were for like a Bitcoin wallet or some data file, then movies and images are likely out of scope, but if the search warrant were for video files, then pirated material would be in plain view of the search.
Based on this, I think it’s safe to assume that if there is a search warrant for video evidence related to a crime, and you have pirated material in a folder called
/media/Jellyfin/Marvel Movies
, that content would be admissible. I don’t think you could argue that the analyst should have understood that the only files in that directory were Marvel Movies, because if that were the case, then everyone would hide video evidence of their crimes in a Marvel Movies directory.Though you need to evamine every file because ‘/usr/bin/bash’ might really be an illegal video. (I’m a bsd fan so this would be useful to me if only I had something illegal to hide)