United States v. Pothier

Exeter, N.H. police search apartment, find child porn on laptop owned by one of the residents; he’s convicted of knowing possession. But wait! He has two roommates, the laptop was kept in a common room and not password protected, and there’s no evidence that he used the laptop around the time the pornography was downloaded. And he took no steps to hide the laptop or destroy the files despite having approximately 15 minutes to do so. Enough evidence for a conviction? First Circuit: Most certainly not.

Tags: 2019, First Circuit, Police, Searches and Seizures

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