|
AG Wins in Appellate Court - Defense Using TOGDI |
|
|
|
A pediatric neurologist is free on bail after a 2005 arrest during a statewide child pornography investigation by New Jersey State Police. Thirty-nine suspects were arrested around the state. The issue in the doctor’s case is the identity of the person who downloaded the child pornography.
The Daily Record reports that prosecutors asked for a warrant covering one year of electronic records, but the judge limited the warrant to two weeks before the arrest. The state appealed, arguing that two weeks was insufficient to show the pattern of the suspect’s activity. The AG’s office won in appellate court, with the court saying a data warrant is not bound by the state’s wiretapping laws.
One of the IP addresses was registered to the doctor’s wife. During the initial search of the home, six computers were found, one containing child pornography. Court papers say that the defense is suggesting someone else in the household downloaded the child pornography, or ‘the other guy did it.’
The suspect has surrendered his licenses to practice medicine in New Jersey and New York.
|
