State v. Mr. R (DMC No. 15738) – Felony Sexual Exploitation of a Minor/Child Pornography – Not Charged – Peoria Police Department Investigated (DR No. 20XX-XXXXXXX6)
Mr. R was dating a young lady, and at her suggestion, he began going to Sex Addiction Therapy. The young lady’s mother was nurse, and was familiar with these types of issues. At some point, Mr. R’s girlfriend claimed that she saw Child Pornography on his computer, and she told her mother. Her mother then called her own husband, and they contacted the Peoria Police Department. The Peoria Police came to the girlfriend’s home, and Mr. R’s computers were turned over to them (without his consent).
When Mr. R heard about this, he attempted to commit suicide. After he was released from the hospital, he contacted DM Cantor. We immediately contacted the Peoria Police Department and indicated that their seizure was an “Illegal Seizure”, and they did not secure a proper Search Warrant for Mr. R’s computer. We also demanded that it not be analyzed, and that it be returned to Mr. R.
Although the Police did not return the computer, they did acknowledge that it was seized without a proper Search Warrant. We Invoked Mr. R’s Right to Remain Silent, and no interview was conducted with Mr. R. Because of the technical impropriety of the search, the computer was never analyzed, and Mr. R was Never Charged with any crimes. If he had been charged and convicted, he could have faced the rest of his Life in Prison.
