The court finds no consent but probable cause and exigent circumstances from ongoing sexual abuse of a 13 year old girl. \u201cIn the analysis that follows, the Court considers the circumstances confronting the officers at the moment they entered Hernandez’s apartment. The Court concludes that the NYPD had an objectively reasonable basis for believing that the exigencies of the situation required their warrantless entry. \u2026 The informant’s basis of knowledge for claiming that the Kik user was engaging in sexual activities with his underage sister and her 13-year-old friend and sending videos depicting those activities was strong: the Kik user’s own assertions and videos he sent to the informant. As the informant showed Lofaro the Kik conversation, there were no doubts as to whether the Kik user had, in fact, made these admissions and sent videos containing child pornography.\u201d United States v. Hernandez, 2020 U.S. Dist. LEXIS 104882 (S.D. N.Y. June 16, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"
The court finds no consent but probable cause and exigent circumstances from ongoing sexual abuse of a 13 year old girl. \u201cIn the analysis that follows, the Court considers the circumstances confronting the officers at the moment they entered Hernandez’s … Continue reading