Appeals Court Tosses Conviction Based On Illegal Child Pornography Investigation

A federal appeals court has recently overturned a man’s conviction and 18 year prison sentence because of an illegal government investigation. The illegal search and investigation stems from a Naval Criminal Investigative agent using a software program to search private computers throughout the State of Washington for child pornography. The Department of Justice justified the search by arguing that the investigator was searching military installations when he came across a private computer containing illegal images. A jury convicted the Defendant, who then appealed.

The court ruled that the computer search violated a law barring the United States Military from taking part in civilian law enforcement activities reasoning that “the search was not reasonably focused on carrying out such a legitimate military investigation.”

All persons charged with crimes are entitled to the protections afforded by the United States Constitution and the rules of evidence in a criminal court of law. An experienced criminal defense attorney helps to ensure that a defendant’s rights are protected before, during and after a trial. If you have been charged with or convicted of a criminal offense, you should consult with a criminal defense attorney immediately. For a confidential consultation, contact the Law Offices of Marc Neff at (215) 563-9800 or via email at marc@nefflawoffices.com.