Criminal Law Questions? Ask a Criminal Lawyer.
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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.