In prosecuting a defendant for an alleged sex crime, the State is only permitted to use evidence that was lawfully obtained. As such, any evidence that was obtained during an unlawful search should be suppressed. While there are exceptions to this exclusionary rule, such as the inevitable discovery doctrine, they only apply in limited circumstances.
A Florida appellate court recently discussed the standard for allowing evidence to be introduced via the inevitable discovery doctrine, in a case in which evidence of child pornography was found during an unlawful search. If you are charged with a sex crime in St. Petersburg, it is prudent to meet with a capable St. Petersburg sex crime defense attorney to discuss your case and available defenses.
Facts Regarding the Police Investigation
Reportedly, the police were conducting a child pornography investigation based on information that an individual was sharing child pornography via the Ares network from a specific IP address. The police got a search warrant to obtain the IP address information, which showed that the IP address was associated with a business which allowed users to connect to a wireless network. The police visited the business on several occasions. During one visit, the defendant was the only patron and logged on using a name similar to the name used to share child pornography.