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IL: Splitting hairs on consent by trickery to find child porn

By John Wesley Hall, Jr.

Police who were actually investigating the possibility child porn was on defendant's computer did not misrepresent what they were looking for when they said credit card fraud, but they really knew that defendant had used his credit card on a child porn website. Possibility of credit card fraud was enough. [HA!] People v. Prinzing, 2009 Ill. App. LEXIS 234 (April 21, 2009): We find this case distinguishable from Daugherty and the other cases cited by defendant. It was undisputed that Detective Smith was informed by defendant's credit card company that there was a disputed charge that had been resolved by crediting back the charge and a new card number having been issued. It was also undisputed that the disputed charge in June 2003 was around the time that the child pornography Web site charges had been incurred...continue to full post

Full post as published by Fourth Amendment on May 01, 2009 (boomark / email).