Search warrant challenged for man charged with downloading child pornography [Standard-Examiner, Ogden, Utah]
(Standard-Examiner (Ogden, UT) Via Acquire Media NewsEdge) Sept. 27--FARMINGTON -- The defense attorney for a man charged with multiple felonies for downloading child pornography is claiming the search warrant was not legal.
A suppression hearing to hear testimony from the officer who obtained the search warrant was held Friday before Judge John Morris.
Morris said after hearing the testimony he would make his ruling in writing. No date has been set for another hearing.
Robert G. Fisher, 59, of Clearfield, is charged with 10 counts of sexual exploitation of a minor, all second-degree felonies.
His attorney, Michael Holze, maintains in a motion filed with the court that Fisher had a reasonable right to expect privacy from his Internet provider, Comcast.
Comcast turned over information about an IP address to Syracuse Police Officer Zeke Swander after he served them with a subpoena on Oct. 6, 2011.
Assistant Attorney General Ann Rozyckie wrote in a motion that the subpoena was reviewed by a judge and was legal.
According to court documents, the investigation was referred to the Utah Attorney General's Office Internet Crimes Against Children Task Force by a Syracuse police officer.
The task force went to Fisher's home on March 1, 2012, with a search warrant, according to the document.
Fisher admitted to using Limewire and Frostwire to download music. He agreed to talk to officers, but at first denied downloading any programs with child pornography, according to the court document.
Fisher did admit to watching adult pornography, according to the document. He finally admitted to officers that he had watched some child pornography "out of curiosity."
He told officers he "wanted to get some help for his addiction," according to the document.
Officers conducted a forensics exam on his computer and found files containing child pornography, the court documents state.
Contact reporter Loretta Park at 801-625-4252 or at firstname.lastname@example.org. Follow her on Twitter @LorettaParkSE.
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