Warrant for lewd images upheld by SJC

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A search warrant was supported by probable cause even though two allegedly lewd images were not attached to a trooper’s affidavit in support of the warrant application, the Supreme Judicial Court has ruled.

The defendant, Warren W. Dunn, was charged with possession of child pornography. On appeal, the defendant asserted that the search of his apartment lacked probable cause because the trooper who submitted the search warrant application provided a deficient description of two allegedly lewd images in his affidavit and did not attach the images themselves to the affidavit.

“The defendant urges us to create a new rule, requiring magistrates to personally view allegedly lewd images before issuing search warrants. We decline to do so. Although attaching the photographs or providing a more thorough description would have been preferable in this case, the affidavit read in its entirety was sufficient to establish probable cause,” Justice Frank M. Gaziano wrote for the SJC.

The 28-page decision is Commonwealth v. Dunn, Lawyers Weekly No. 10-055-24.