‘Counting On’ Spoilers find that there has been another loss in the former reality star’s federal child pornography case. Lawyers for Josh Duggar, the eldest of the 19 kids of the hit TLC family made a motion to suppress video evidence found on electronic devices that were seized from Duggar’s home and place of business- a used car sales yard. This week, however, a federal judge refused to do so.
Duggar’s attorneys tried to argued that evidence in the case had become “stale” because so much time elapsed between the time federal agents downloaded the files from the seized devices and the issuance of a search warrant.
‘Counting On’ Spoilers: Federal Judge Will Not Suppress “Stale” Video Evidence in Josh Duggar’s Child Pornography Case
According to U.S. District Judge Timothy L. Brooks, a hearing on the motions isn’t warranted as it is already a precedent that courts have found evidence in child pornography cases doesn’t become “stale”, even when files are downloaded months before search warrants are issued.
It was argued that Duggar’s attorneys were unable to show their client was prejudiced by any delay as the electronic devices, seized under “probable cause” remained in law enforcement’s safe keeping throughout this time period. The probable cause remained viable until the date of indictment.
Duggar, was charged in April 2021with two counts of downloading and possessing child pornography. A federal agent testified in court that Josh “downloaded and possessed 65 images of child pornography and a two-minute video featuring young girls between the ages of 5 and 10.” The agent also testified that one of Josh’s downloads was one of the “top five worst of the worst” he’s had to examine in the 1,000 cases he’s worked on.
The disgraced reality star, who has also been in the headlines for molesting his sisters and a baby-sitter, as well as being outed as having an account on ‘cheater site’ Ashley Madison when it was hacked and client names distributed publicly, faces 20 years in prison and fines of up to $250,000 if he is convicted.
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