Accused DECC window-peeper seeks suppression of evidence based on unlawful search
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The warrant was granted to look at the photos on the guy’s phone for evidence proving he is a peeping tom. The additional photos from his other crimes are relevant to that specific warrant, so it should be admissible. Also, by looking for pictures and coming across the others, one could say they were in “plain view” and can be seized as evidence. There is also something called “Inevitable Discovery”. If the photos would have inevitably been discovered through lawful means anyway, they would be admissible. It will be interesting to hear what they decide.
What ever happened to this ?
Thanks for asking. The case is still winding its way through the courts. The defense has raised an objection to evidence uncovered in the search of Burke’s phone, saying the search warrant was unreasonably broad. The judge has not ruled on that at this point. The next hearing is scheduled for July 25, 2025.