Pennsylvania Court Overrules Circuit City Porn Ruling
Circuit City employees in Pennsylvania did nothing wrong when they found child pornography on a customer’s computer, and the evidence found therein can indeed be used against the customer in court. That’s the conclusion of a Pennsylvania Superior Court panel, which reversed an earlier ruling by a lower court to suppress the evidence, the Web site Law.com reported Wednesday.
In October 2004, according to the account, the now-72-year-old Kenneth Sodomsky took his computer to a Circuit City location in Berks County, Pa., and asked to have a DVD burner and optical drive installed. When testing the new drive, employees discovered video files containing child pornography.
Sodomsky was arrested, and his attorneys moved to have the video evidence disqualified, a motion that was sustained by the Berks County Common Pleas judge. In overruling that motion, Judge Mary Jane Bowes wrote that Sodomsky “abandoned his privacy interest” the moment he gave his computer to the store employees, and that the defendant had not given the employees any restrictions in what they could do with the computer.