- The former reality TV star Josh Duggar sought to throw child pornography evidence out of court.
- A federal judge has denied his motion, ruling that federal agents properly obtained their search warrant.
- Judge Timothy Brooks also slammed Duggar’s team for insulting another judge and playing semantics.
A federal judge on Monday shot down Josh Duggar’s latest attempt to prevent evidence from being used against him in his upcoming child pornography trial, ruling that federal agents had followed the proper procedures for obtaining a search warrant for Duggar’s Arkansas car dealership.
Duggar, formerly of TLC’s “19 Kids and Counting,” has pleaded not guilty to receiving and possessing child pornography and is set to stand trial in November.
In a late August motion, his attorneys had sought to suppress the evidence federal agents had seized from Duggar’s business — namely, a
, an iPhone, and a MacBook laptop.
Point by point, Judge Timothy Brooks rejected the Duggar defense team’s three main arguments for suppressing the evidence:
- That federal agents had excluded key information in the affidavit that supported the search warrant
- That the agents had waited too long to apply for the search warrant
- That agents waited too long to perform a forensic analysis on the devices they seized
Brooks wrote in his order that none of those issues had any effect on whether the agents had established probable cause.
“In Mr. Duggar’s case, he has not shown that federal agents acted with reckless disregard for proper procedure. And he certainly has not shown that the agents acted in bad faith,” Brooks wrote.
“Moreover, Mr. Duggar cannot show that he was prejudiced by any delay; the devices remained in law enforcement’s safe keeping throughout this time period, and the probable cause warranting the initial seizure of the devices remained viable through the date of indictment,” he added.
Brooks seemed irritated at some of the Duggar team’s arguments, a number of which he described as “false.” At one point, Brooks even accused Duggar’s attorneys of insulting the magistrate judge who had approved the search warrant.
“Mr. Duggar also suggests the magistrate judge was not properly ‘educated’ by law enforcement about the facts surrounding the earlier, unexecuted search warrant and was somehow hoodwinked into signing a second warrant,” Brooks wrote. “This suggestion is plainly false — as well as a not-so-subtle attack on the magistrate judge’s credibility.”
Brooks also accused Duggar’s lawyers of playing semantics in an argument about the child pornography files downloaded from Duggar’s
Duggar’s team argued that federal agents had falsely described two of the suspected child pornography files as being “successfully downloaded,” when really, one of the files was only “partly downloaded.” Brooks brushed aside that argument.
“Mr. Duggar has failed to acknowledge the elephant in the room: Law enforcement fully and successfully downloaded one complete file — a video — from his IP address, and the description of that video alone provides probable cause to search his electronic devices for evidence of a crime,” Brooks wrote.
Monday’s order was just the latest blow Duggar’s defense team has suffered in the lead-up to the trial. Last month, Brooks rejected a separate motion to prevent pictures of Duggar’s hands and feet from being used at trial.
Courtesy By INSIDER