Search and seizure – Warrant application – Child pornography
Where the United States Attorney has applied for a warrant to search a defendant’s home, the application should be granted given that a prior search revealed two videotapes, a portion of one of which...
View ArticleCriminal – Child pornography – Restitution
Where a defendant has been convicted of possession of child pornography, (1) there was sufficient evidence that he knowingly possessed the child pornography that was found on a laptop he sold to a pawn...
View ArticleSJC reverses probationer’s sex offender registration requirement
A defendant sex offender placed on probation after pleading guilty to possession of child pornography — and relieved of his obligation to register with the Sex Offender Registry Board — could not be...
View ArticleSearch and seizure – Computer – Child pornography
Where a defendant was convicted of possession of child pornography, his motion to suppress should have been allowed. “… The search warrant permitted a search of a ‘silver and black Toshiba laptop...
View ArticleCriminal – Child pornography
Where a judge dismissed child pornography indictments, the dismissal order must be affirmed because the material on which the indictments were based did not depict a “lewd exhibition” as set forth in...
View ArticleCivil service – Forfeiture – Child pornography
Where a public school teacher pleaded guilty to purchasing and possessing child pornography, that was not a sufficient basis for forfeiture of his pension benefits. “This case concerns the scope of the...
View ArticleCriminal – Child pornography – Double jeopardy
Where a defendant was convicted of six counts of possessing child pornography based on photographs culled from a single cache on his computer, the entry of six separate convictions and sentences...
View ArticleCriminal – Child pornography – Interstate commerce
Where a defendant was convicted of three counts of sexual exploitation of children and one count of possession of child pornography, his convictions did not contravene the Commerce Clause. “… On...
View ArticleCriminal – Aiding and abetting – Child pornography
Where a defendant has been charged with aiding and abetting the production of child pornography, the prosecution has the burden of proving beyond a reasonable doubt that the defendant knew that the...
View ArticleSearch and seizure – Child pornography – Home computer
Where a defendant has been convicted of possessing child pornography, his motion to suppress was correctly denied, as a search warrant affidavit established probable cause to search his apartment for...
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