18 results for 'cat:"Search" AND cat:"Child Pornography"'.
J. Gaziano declines to comply with the defendant’s request to create a new rule requiring magistrate judges to view lewd images found by law enforcement before issuing search warrants for alleged possession of child pornography. While it would have been preferable for the trooper who submitted the affidavit to have provided a more thorough description of the photos or attached them to the affidavit, the affidavit was still able to establish probable cause. Affirmed.
Court: Massachusetts Supreme Court, Judge: Gaziano, Filed On: May 9, 2024, Case #: SJC-13454, Categories: search, Child Victims, child Pornography
J. Scudder finds that the lower court properly denied defendant's ineffective assistance of counsel claim in connection with his unsuccessful motion to suppress evidence of possession of child pornography. It was reasonable for defendant's attorney not to pursue a claim that the agent signing the search warrant acted in bad faith by omitting the state court's suppression ruling from his federal search warrant affidavit because it would have faced a high bar to prove materiality to the charges. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: April 12, 2024, Case #: 22-1179, Categories: Ineffective Assistance, search, child Pornography
J. Bell finds the trial court improperly convicted defendant for possession of a visual depiction of sexual conduct of a person under 16. The court wrongly denied defendant's motion to suppress cell phone evidence. The warrant did not cover the search of defendant's person, and exigent circumstances did not justify the forensic search of the cell phone. Reversed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: March 28, 2024, Case #: 86156, Categories: search, Sex Offender, child Pornography
J. Larsen finds the trial court properly denied defendant's motion to suppress during his sexual exploitation of a minor and child pornography case. Although the affidavit submitted by law enforcement for a search warrant included a misstatement about defendant operating a peer-to-peer network to host child pornography, the error was caused by a police officer using a template for the warrant and forgetting to delete certain information, a mistake that does not qualify as reckless behavior. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: February 29, 2024, Case #: 22-3793, Categories: search, Sex Offender, child Pornography
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J. Livingston finds that the district court properly declined to suppress evidence in defendant's trial for producing child pornography. Digital data seized under a valid search warrant in connection with a prior prosecution against defendant for possessing child pornography led to the discovery of a cell phone video in which defendant was seen rubbing his penis on his young daughter's buttocks and ejaculating, which fell outside the prior agreement that no future prosecution would occur on possession charges. Affirmed.
Court: 2nd Circuit, Judge: Livingston, Filed On: February 27, 2024, Case #: 22-1086, Categories: search, Plea, child Pornography
Per curiam, the Fifth Circuit finds the trial court properly convicted defendant for possession and distribution of child pornography. Defendant’s phone was searched by warrant after he gave inconsistent statements regarding his whereabouts during a trailer home fire that killed his girlfriend. The search warrant related to the murder investigation, which yielded the pornography, was not overbroad and the good-faith exception to the exclusionary rule applies. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 13, 2023, Case #: 22-51061, Categories: search, Sex Offender, child Pornography
J. Blanchard finds the circuit court properly denied defendant's motion to suppress evidence in his child pornography case based on police officers' violation of Wisconsin statutes setting a time limit for executing a search warrant once it is issued. The police did not violate the relevant statutes by taking almost two months to complete an off-site forensic analysis of a computer and other digital devices seized from defendant's home, as under the statutes the term "execute" applies to the physical search of a place and seizure of items, and the police satisfied the statute's five-day deadline to execute a search warrant by searching defendant's home three days after the warrant was issued. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Blanchard, Filed On: October 12, 2023, Case #: 2022AP002060-CR, Categories: Evidence, search, child Pornography
[Consolidated.] J. Moore finds the trial court erroneously applied the good-faith exception and denied defendant's motion to suppress evidence obtained after his electronic devices were seized via an invalid search warrant. The "bare bones" affidavit submitted by law enforcement did not establish probable cause that child pornography would be found on any of the devices. Although officers found several pornographic images on defendant's laptop after he consented to a search, none of the information about those images was included in the affidavit, and because defendant never consented to have his devices seized, his motion to suppress should have been granted and his conviction must be vacated. Reversed.
Court: 6th Circuit, Judge: Moore, Filed On: September 1, 2023, Case #: 22-5593, Categories: search, child Pornography
[Consolidated.] J. Horton finds the trial court properly convicted defendant, by guilty plea, for possession of child pornography. Police obtained a search warrant for defendant’s laptop after his girlfriend reported that she discovered child porn, as well as videos of herself and a friend that were recorded without their consent. The girlfriend had implied consent to use defendant’s laptop as he had allowed this many times previously and the Computer Security statute preventing nonconsensual use of another’s devices does not apply. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: August 16, 2023, Case #: 09-22-00043-CR, Categories: Evidence, search, child Pornography
J. Wadleigh finds that sufficient detail about child pornography images supported warrants to search defendant's home and electronic devices. The officer's descriptions to the magistrate were adequate, but whenever possible, warrant applications should include the actual images of suspected child pornography, especially if a subjective determination of the legality of the images is required. Affirmed.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: July 12, 2023, Case #: A165017, Categories: search, child Pornography
J. Watts concurs with the intermediate court’s decision that a computer owner’s Fourth Amendment rights were not violated by the U.S. Army Criminal Investigation Command when it searched a copy of his hard drive after seizing it for suspected child pornography. The owner’s right to privacy had not been violated because the Army did not examine the hard drive copy contents. However, the Army had searched the hard drive without a warrant after the owner’s revocation. Though less invasive than an examination, the search is considered unreasonable based on the revocation. Affirmed.
Court: Supreme Court of Maryland, Judge: Watts, Filed On: July 7, 2023, Case #: C-02-CR-21-000487, Categories: Constitution, search, child Pornography
J. Ho finds the district court properly convicted defendant for possession of child pornography. Defendant, by a routine search of his RV when crossing the border from Mexico, was found to be in possession of a well-hidden, undeclared firearm and ammunition. After he was detained, a search of his cell phone revealed child pornography. Every circuit addressing the issue of reasonable suspicion authorizing the search of a cell phone has agreed that no individualized suspicion is required for the manual border search of a cell phone, and there is no reason to depart from the consensus. Affirmed.
Court: 5th Circuit, Judge: Ho, Filed On: June 19, 2023, Case #: 21-50406, Categories: search, child Pornography, Civil Rights
J. Labrit finds that the trial court improperly suppressed statements defendant made to the police during the execution of a search warrant for child pornography because the officers' questions were not based on things found during the search warrant and thus did not constitute "fruit of the poisonous tree." Reversed.
Court: Florida Courts Of Appeal, Judge: Labrit, Filed On: June 9, 2023, Case #: 2D22-2921, Categories: search, child Pornography