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PhillipsEsq
PhillipsEsq, Attorney-at-Law
Category: Criminal Law
Satisfied Customers: 17435
Experience:  B.A.; M.B.A.; J.D.
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In the event that a computer user is able to prove beyond

Customer Question

In the event that a computer user is able to prove beyond reasonable doubt, that he or she did not know or was unaware about the content of some videos that were downloaded into their computer ( using a P2P software) and later the police cybercrime unit using a similar software, downloads those videos and discover they have some illegal material and based on that evidence, they obtain a search warrant and using this warrant perform a search on the user premises ( home, office), find more of this illegal material and file criminal charges against this person based on these (and those originally collected), the question is: since the original collected videos content was unknown to the user (and as I said, this fact was later proved beyond reasonable doubt) is this not enough to fill a suppression of evidence motion which if granted by the court, would also automatically invalidate the search warrant obtained with it and therefore, all of the remaining evidence seized later as a result?
Submitted: 3 months ago.
Category: Criminal Law
Expert:  PhillipsEsq replied 3 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post.

I am preparing my response to your post, and I will post my response very shortly. Thank you for your patience.

Expert:  PhillipsEsq replied 3 months ago.

Your Questions:

the question is: since the original collected videos content was unknown to the user (and as I said, this fact was later proved beyond reasonable doubt) is this not enough to fill a suppression of evidence motion which if granted by the court, would also automatically invalidate the search warrant obtained with it and therefore, all of the remaining evidence seized later as a result?

Response: Unfortunately, no because the Police had probable cause for the search warrant. It is not relevant that you were not the person who downloaded this information in your computer that led to the issuance of the search warrant. So, all things discovered as part of this warrant would be proper and would not be subject to suppression, regrettably.

I am sorry that I do not have better news for you.