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Courts Rely on Computer Forensic ExpertsCourt | Courts Rely on Computer Forensic ExpertsCourt |
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Finds Purposeful Downloading Sufficient to Establish Knowing Possession of Illegal ImagesUnited States v. Luken, 2007 WL 2428656 (D.S.D. Aug. 21, 2007). In a criminal prosecution for possession of child pornography, the defendant argued that he was not in possession of contraband materials because he did not possess forensic software necessary to access the illegal images in question. Denying the defendant's motions to suppress evidence and dismiss the indictment, the court found that evidence of the defendant's purposeful downloading and saving of the illegal images onto his computer hard drive in order to view them in thumbnail format was sufficient to establish knowing possession. |
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