14 results for 'cat:"Search" AND cat:"Sex Offender"'.
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of mandamus. His request for a suppression hearing after the return of his cell phone and other property by the trial court should have been brought on a direct appeal of his other postconviction motions for relief. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 1, 2024, Case #: 2024-Ohio-1624, Categories: Criminal Procedure, search, sex Offender
J. Flood finds that defendant was improperly sentenced for both first-degree kidnapping and sexual offense charges following his conviction for rape of a person 15 years of age or younger because the jury had been instructed that defendant could only be convicted of the kidnapping charge based on sexual offense charges for which he was also convicted, which violated double jeopardy. However, the court properly declined to suppress evidence obtained under warrants in light of probable cause that included the victim's claims that defendant kidnapped her from her parent's home and raped her at his own residence. Meanwhile, the affidavit listed items to be seized, including electronics, which the affidavit linked to the illegal activity. Affirmed in part.
Court: North Carolina Court of Appeals, Judge: Flood, Filed On: April 2, 2024, Case #: COA23-832, Categories: search, sex Offender, Kidnapping
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. Kern finds that the circuit court properly entered conviction of third-degree rape after a four-day trial. Defendant challenged the validity of a search warrant for location data from his phone. The lower court properly made a determination on the validity of the search warrant. Affirmed.
Court: South Dakota Supreme Court, Judge: Kern, Filed On: January 17, 2024, Case #: 2024SD4, Categories: search, sex Offender
J. Bamattre-Manoukian finds that the trial court properly admitted evidence found after defendant was required to use his fingerprint to unlock his phone. Two electronic communications search warrants supported the compulsion, and regardless of the warrants, the evidence showing he had sexually abused several minors met the good faith exception to the exclusionary rule. The search did not violate his right against self-incrimination because he was not compelled to provide a combination or other contents of his mind, and because the use of his fingerprint was not a testimonial act. Even if the state's expert testimony about the responses typical of childhood sexual abuse victims was impermissible, the error was harmless. And his due process rights were not violated by an instruction that the jury could rely on proof established of any charged offense to show his predisposition to commit the other charged offenses. Affirmed.
Court: California Courts Of Appeal, Judge: Bamattre-Manoukian, Filed On: December 22, 2023, Case #: H049957, Categories: search, sex Offender, Due Process
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. Ebel finds that the lower court properly denied defendant's motion to suppress evidence found during a search of his home and computers that resulted in his child pornography convictions. Following a tip from the mother of a child from whom defendant attempted to solicit pornography, the warrant behind the search was backed by probable cause, and his overall convictions were well supported by evidence on the record. Affirmed.
Court: 10th Circuit, Judge: Ebel, Filed On: October 5, 2023, Case #: 22-2056, Categories: search, sex Offender, Child Victims
[Consolidated.] J. Doyle finds that the trial court improperly granted in part defendant's motions to suppress evidence obtained from his cell phone. Defendant was indicted for rape. The trial court incorrectly found that police lacked probable cause to search defendant's phone for anything other than communications between him and the victim. The initial seizure of defendant's phone during a police interview was authorized because police had reason to believe defendant or someone else could delete or alter data. The four-month delay between the initial seizure of the phone and the issuance of the second, more narrow search warrant was not unreasonable. The first warrant was obtained within two days of the seizure. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: October 4, 2023, Case #: A23A0939, Categories: Evidence, search, sex Offender
[Consolidated] J. Hoyle finds the trial court properly convicted defendant for sexual assault, tampering with physical evidence, and burglary of a habitation. Representing himself, defendant sought to suppress his warrantless arrest based on a witness's testimony that he saw defendant leave the victim's house, bleeding, and enter a house across the street. The victim, who also had blood on her at the scene, stated that she stabbed defendant during the rape. Officers went to the house across the street to find blood on the door, then properly entered with probable cause after knocking to no response. Officer and forensic interviewer testimony was correctly entered and was not hearsay. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: July 21, 2023, Case #: 12-22-00053-CR, Categories: Evidence, search, sex Offender