I was told that in the United States, a defence attorney successfully argued that child pornography mysteriously appeared on his client's computer after it was transported in the trunk of a police car next to the radio.
Does anybody have any information about this case ?
I want to see what was the arguments, if it's true
Thanks
i would be interested in hearing how they argued that if it were true.
I can't help but think that if this were true
(a) someone here would have heard of it prior to this
(b) there would have been a discussion here of how ridiculous it was
© that Google would at least have some reference to it
Given that it appears that none of the above are true, I have serious doubts that this is true.
I suppose that there is a very, very slight possibility that evidence could have been deemed inadmissible because it was modified subsequent to seizure, e.g. by placing a magnetic medium near a large electromagnetic radiation source such as a radio - however this wouldn't justify even to the most gullible that the radio had such a perversion. -P
there must be a lot of digital evidence that is transported in the back of police vehicles so as you've mentioned there should be a large number of cases using a similar argument.
if it was successfully argued would this allow for other cases to be reopened that were under similar circumstances?
Is the 'next to the radio' just a circumstantial red herring, and that it was an arguement that the CP originated on the computer after the time of seizure, ie cross contamination or something due to bad practice in the investigation?
Seems odd otherwise.
I was told that in the United States, a defence attorney successfully argued that child pornography mysteriously appeared on his client's computer after it was transported in the trunk of a police car next to the radio.
Does anybody have any information about this case ?
I want to see what was the arguments, if it's true
Thanks
Sounds like one for Mythbusters!
however this wouldn't justify even to the most gullible that the radio had such a perversion. -P
And surely someone would have noticed the pirate radio station vessel anchored in the North Sea with CPFM emblazened on the side lol
It would be possible for a disk to degrade by being near a strong EM source, although it's doubtful that a police radio is strong enough. It is impossible for such degradation to produce ordered data.
"Will a trunk-mounted radio damage computer evidence?".
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You're listening to C4P-FM and the greatest hits of Gary Glitter!!!
- I call shenanigans on this one )