Child porn found on Florida state worker’s phone

Wess Haubrich

The defense is mounting an aggressive case against the officers who arrested him

State elections worker Jeffrey Darter literally said “I am not a child pornographer” when investigators seized his office computer.

Right after he uttered those cryptic words, an investigator took his phone without permission. The defense, of course, will cry “4th Amendment violation”. No defense attorney would turn that ready-made defense they were basically given on a silver platter and urged to consume like ravenous wolves.

A total of 174 illicit and illegal images were found on his cell phone – some of the victims in them were infants. The defense is arguing that the search of the phone was an illegal search.

Here is the Fourth Amendment in case you need a refresher:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The question, therefore, becomes, was the search of the phone an illegal search? Did it run afoul of the Fourth Amendment? That will depend on the language of the warrant itself.

If it is found to be an unconstitutional search, then anything gained from that search must not be brought to trial. Strictly speaking, the legal term for this is the doctrine of evidence. The doctrine of evidence is also known as the “fruit of the poisonous tree” argument. If the entire tree (the illegal search) is poisonous, then logic says any fruits from that tree is also poisonous.

The images are enough to lock Darter in a cage for life like a rabid beast. Watch this space for more as we hear it.

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Jeffrey DarterWPTV

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Former editor, now dogged-maverick journalist and researcher covering the crime beat. I examine the weird, absurd, and downright infamous in American crime both here and at Real Monsters podcast. Contact: wess@realmonsters.live

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