The former ’19 Kids and Counting’ star’s case is going up for hearing next month
Josh Duggar’s latest attempts to suppress statements and images in his child pornography case were unsuccessful, and the US District Court overseeing his case is giving reasons.
On Wednesday, October 13, U.S. District Judge Timothy L. Brooks filed a lengthy memo listing the court’s reasons for dismissing the four motions filed by Duggar’s legal team at the hearing on September 27. Duggar’s four motions asked the court to suppress the statements. The concealment of photographs of his hands and feet taken during a booking in prison earlier this year by the former TV star, given to authorities on November 8, 2019, dismisses an indictment of violation of the appointments clause, and the failure of the government Reject to preserve potential explanatory evidence.
“All the motions were rejected from the Bench after a personal evidence hearing on September 27, 2021. The Court has orally explained its reasons for rejecting the proposals. The following order provides further explanation. In this order Anything different to what was told from the bench, this order will govern,” begins Brooks’ memo.
Brooks explains that when federal agents returned to Duggar’s car business on November 8, 2019, they properly informed Duggar that he was free to leave. The judge also explained that the court found that it was not the agents’ fault for taking Duggar inside the vehicle to conduct the interview.
Josh Duggar was seen with pregnant wife Anna after judge rejects motion to dismiss child pornography case
“It is also indisputable that the passenger-side door next to where Mr. Duggar was sitting remained open throughout the interview. The court therefore found that Mr. Duggar was not restrained, and that the factor is in the government’s favour,” the filing stated in. .
Additionally, the judge noted that the recording of Duggar’s conversation with the officials on November 8, 2019, was played before the court in the September 27 hearing. The judge ruled, the tone of the interview was “conversational, not heated”.
“Mr. Duggar not only signed a form demonstrating that he understands that he is waiving his right to counsel, but he has also made clear the exemption and the voluntariness of his actions by reminding agents before the inquiry begins. also revealed the understanding that he ‘cannot answer. Everything,’” court docs continue.
At one point, however, the judge claims that the court found a statement made by federal agents that day “to be viewed as a misleading tactic.” Still, “Mr. Duggar didn’t fall for it”, Docs said.
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Duggar has also taken issue with photographs taken of his hands and feet when he surrendered to law enforcement on April 29, 2021. The photos were taken in an interior room as part of the booking process at Homeland Security’s Fayetteville, Arkansas office. .
While being fingerprinted, an agent “spotted a mark on Duggar’s left thumb” and Duggar “consented” to take a picture of his hands, which also happened to capture his feet. The former “19 Kids and Counting” star argued that the government required a warrant before taking her picture violated her Fourth Amendment rights.
“There is no legal authority to suggest that agents require a warrant before taking photographs of Mr. Duggar’s hands and feet. Mr. Duggar consented to be photographed. Therefore, there was no Fourth Amendment violation, Brooks ruled.
Another motion made by Duggar was to dismiss the indictment against him because federal agents involved in the investigation of his criminal charges were acting under someone who was “improperly appointed as acting secretary.” “
Brooks called the motion “frivolous”, adding that “there is no legal support for Mr. Duggar’s claim that an indictment by an appropriately empaneled grand jury would be subject to dismissal because of an alleged appointment clause violation.”
In the end, Duggar argued that law enforcement officers only copied their electronic devices, not others.
The judge ruled in protest, “The court found that law enforcement’s decision not to forensically search and image certain electronic devices was made in a good faith belief that such additional investigative steps were unnecessary.” “There may exist valid reasons for criticizing the thoroughness (or lack thereof) of law enforcement on the cross-examination, but the Court is not simply persuaded that law enforcement actions are due to a constitutional lack of constitutional process.” rises to a level that would require the dismissal of the indictment against Mr. Duggar,” the ruling concludes.
Duggar’s pre-test conference is currently scheduled for November 18.
The disgraced former reality star was arrested by the US Marshals in Arkansas on April 29. a day later, he was Indicted on federal child pornography charges and pleaded not guilty. He was released by a federal judge while awaiting trial.
Duggar starred in TLC’s “19 Kids and Counting” until it was pulled from the network in 2015 following revelations that he had molested four of his sisters and a babysitter. Her parents said that she had confessed to being in love and apologised.
He First apologized for having a pornography addiction and cheating on his wife, Anna. Josh and Anna Duggar have been married since 2008 and share six children with a seventh on the way.