Child Pornography Case Clarifies Search and Seizure Laws

News Posted: August 25, 2010

A new search of evidence in a child pornography case revealed evidence of more serious felony offences after the defendant was charged for possession of child pornography. The courts will now have to determine whether the post-conviction search was legal without a new warrant.

If the new evidence is admitted, the defendant will face charges for felony child pornography and sex abuse for recording himself sexually abusing a severely autistic 9-year-old boy.

The defense attorney claims that the search violates the Fourth Amendment and constitutes “double jeopardy.”

Source: Utica Observer-Dispatch