Delta4Embassy
Gold Member
Newport doctor charged with child porn wants evidence thrown out, claims FBI misconduct
Interesting case and article.
"A Newport Beach doctor facing child pornography charges claims FBI agents found potentially incriminating photos by illegally searching his home and improperly seizing a cellphone on which prosecutors allege they found hundreds of images of young girls along with snapshots of gynecological exams.
...
Prosecutors allege that a computer repair technician working on Rettenmaier's computer found child porn on its hard drive and alerted the FBI, prompting agents to search the drive and Rettenmaier's Laguna Hills home in 2012.
Rettenmaier's lawyer, James Riddet, asked a judge on Friday to throw out any evidence the FBI gathered, partially because he claims the agency deliberately left out crucial information when asking a magistrate to authorize the searches.
According to Riddet's motion, agents omitted that the images found on the hard drive were remnants of deleted files that required specialized computer forensics tools to view.
...
Beyond that, Riddet asked the judge to throw out any evidence gleaned from the original hard drive because, he argues, the FBI had an ongoing relationship with the technicians doing the repairs and essentially had deputized them to look for child pornography."
more at link
If techs are asked by FBI or other law enforcement to look for child pornography in the normal course of their job that raises an interesting legal question: are they then official agents of law enforcement and thus bound to the same requirements for searches?
Interesting case and article.
"A Newport Beach doctor facing child pornography charges claims FBI agents found potentially incriminating photos by illegally searching his home and improperly seizing a cellphone on which prosecutors allege they found hundreds of images of young girls along with snapshots of gynecological exams.
...
Prosecutors allege that a computer repair technician working on Rettenmaier's computer found child porn on its hard drive and alerted the FBI, prompting agents to search the drive and Rettenmaier's Laguna Hills home in 2012.
Rettenmaier's lawyer, James Riddet, asked a judge on Friday to throw out any evidence the FBI gathered, partially because he claims the agency deliberately left out crucial information when asking a magistrate to authorize the searches.
According to Riddet's motion, agents omitted that the images found on the hard drive were remnants of deleted files that required specialized computer forensics tools to view.
...
Beyond that, Riddet asked the judge to throw out any evidence gleaned from the original hard drive because, he argues, the FBI had an ongoing relationship with the technicians doing the repairs and essentially had deputized them to look for child pornography."
more at link
If techs are asked by FBI or other law enforcement to look for child pornography in the normal course of their job that raises an interesting legal question: are they then official agents of law enforcement and thus bound to the same requirements for searches?
