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[link] Judge tosses out child porn evidence

Posted by Vallhund on 2013-January-28 05:01:10 EST, Monday
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Police seized the computer and, after Mr. Perkins admitted he'd been tapping into unsecured WiFi, arrested him for telecommunications theft. Cops obtained a search warrant and as an officer conducted a preliminary scan of the computer hard drive an image of a naked child spontaneously opened up, court heard. Police obtained another warrant to search for child porn.

Ms. Penman argued that police, aware of Mr. Perkins's past record, immediately suspected he had been downloading child porn and were determined to prove as much. She said the search warrant obtained to search for evidence of telecommunications theft was really the launch of a fishing expedition for porn.

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But on Monday Justice Ferguson ruled that police committed a number of Charter breaches during the investigation.

"It's clear from the officers' evidence ... that they were interested in finding child pornography," she said.

The exclusion of the computer evidence meant the Crown had no case against Mr. Perkins.

Full article:
http://www.durhamregion.com/news/crime/article/1569712--durham-man-s-child-porn-charge-tossed-over-charter-breach

Vallhund

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