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RI: Photos on digital camera from work showed nexus for SW for defendant's house for similar pictures

By John Wesley Hall, Jr.

The state showed nexus to defendant's house for a search warrant. On his digital camera were found upskirt pictures of a minor, and it was reasonable to assume that, although the crime occurred in defendant's business, that additional pictures would be found in his home. State v. Byrne, 2009 R.I. LEXIS 78 (June 19, 2009) The trial justice failed to articulate what additional underlying facts were, in his view, necessary to establish a reasonable inference that defendant took the camera home. In this case, the affiant alleged that defendant took several pictures of the child-victim's undergarments with a camera and further alleged that, in several shots, the camera was focused under the child's skirt. Although the alleged crime occurred at defendant's place of business, and the only reference to defendant's home was in the final paragraph of the affidavit (although the home was described with particularity in the warrant), it is our view that a reasonable inference could be drawn from these facts that the camera--the instrumentality of the crime and a handheld, easily transportable item of personal property--could be found at defendant's residence...continue to full post

Full post as published by Fourth Amendment on June 24, 2009 (boomark / email).