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Cops Get a Lesson in Warrantless Search 2.0, Subway Gropers Phone Pics Tossed by Judge
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verizon_lg_vx5200_camera_phone_open.jpgThanks to Criminal Court Judge Anthony Ferrara photos and videos of random women’s butts taken by Darnell McGee will never become public record. Sorry all you pervs.

Ferrera ruled the photos and videos can’t be used as evidence against McGee because they were discovered when the arresting officers looked through his phone after placing him under arrest which, according to Ferrara, amounted to an illegal search without a warrant. Even though the arresting officers witnessed McGee taking the pictures and then trying to force himself against a woman boarding the train.

The prosecution agreed that the search was probably illegal but argued that the pictures should be admitted because they would have been discovered anyway. That’s a good argument and one I’ve seen work many times on Law & Order. Apparently Ferrara doesn’t watch L&O.

Judge Ferrara did say however that there was still enough evidence to let stand forcible touching and third-degree sex abuse charges against McGee based on the officers eye witness testimony.

—admin
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