dougywu said:
sorry to keep you posting .
rule 2009(a). bla bla .......The officer shall sign a statement on the inventory that is a true and correct listing of all items siezed, and the signer is subject to the penalties and provisions of 18 Pa.C.S. $ 4904(b) Unsworn falsifaction to authorities.
There are only so many ways to say this ... the actions of the officer - even if determined to be unlawful - will NOT change the charges you face or directly taint the evidence that was seized. If your attorney can somehow make a case that an officer did indeed seize some naked photos with the intent to steal them, then lied about it, then MAYBE he can make a case that ALL the evidence is tainted. But I just don't see that actually happening.
Also, if the photos were contained inside of something that was seized, then they could legally have been seized as part of the larger item.
Bottom line is that if this is your only defense, you had better get ready for a prison or jail stay. Even if the officer is convicted of theft, this is not going to make the evidence against you go away.
If the officer faces penalties for his actions, that is a seperate action - not part of yours.
- Carl