Officer Beat is the lead homicide detective in a murder case in Norfolk, VA. He believes a gang leader is responsible for this violent act and sets up surveillance of the leader's home. He sees the gang leader leave, and acting on suspicion alone, Officer Beat seizes this opportunity to take a look around the leader's home. Officer Beat enters the leader's home and finds a cellphone, opens the phone's picture app and sees photos of the deceased victim with the leader taking a proud selfie. Officer Beat thinks this is great evidence so he takes that phone, arrests the gang leader and charges him for murder. The state seeks to use the evidence in the cell phone agains the gang leader at trial, which of the following is true?