Not all child pornography cases are created equal. For some, there is an opportunity to put the prosecution’s case at risk with a motion to suppress the evidence of child pornography taken off a defendant’s computer. That is just what happened in one recent case we handled.
In that case, the judge found that the Government agent who wrote the search warrant affidavit omitted information that he should have included and that had he included the information he should have, there would have been be no probable cause. However, the Judge used the “good faith” exception to deny the suppression motion.
The prosecutor, recognizing that the good faith exception might not hold up on appeal, offered my client a no time offer (it did include six months home detention) on a plea to obscenity which does not require sex registration offense. So, when I talk to my clients about making good things happen in child porn cases by putting a prosecutor’s “case at risk,” this is exactly what I am talking about.