Legal Question in Criminal Law in Georgia

Tampering or destruction of evidence

My husband was forced to take a plea bargin in a case involving our computer. Information was obtained by a compter repair tech and given to the local police. They then wiped the hard drive memory and returned it to us. He asked us if we wanted anything backed up and we only asked for finanical information. He went on a wild goose chase and found child pornography in a file that we were unaware of. My husband was then charged and told by our attorney that there was no defence and to take a plea brgain as we could not prove the negative. I was subsequently told by a computer expert that had the hard drive been untouched, we could backtrack the offensive files and prove my husband's innocence. Also, I have just read about a Supreme Court ruling about co-occupants having to give consent to a search warrant. My husband was not at home when the warrant was presented to me. Also, the hand written warrant that I was given had the wrong time for search on it, it was written for 7pm and they were there at noon. Our attorney said that that didn't matter is the official typed warrant (that we never saw) was all that mattered. Also, can can CompUSA be sued for tampering with evidence as they destroyed our only chance of defence.


Asked on 10/04/08, 10:21 pm

1 Answer from Attorneys
Daniel Duello Garrett, Gilliard & Saul

Re: Tampering or destruction of evidence

If they have a search warrant they don't need consent. They could have kicked down your door when no one was home if they had a valid search warrant.

You can prove that the file that had the offending pictures was in a place that could only be found by someone sophisticated in the ways of computers, and that since your husband is not that sophisticated, he could not have had access to the pictures.

You might still argue this if the evidence clearly shows where the computer tech found the pictures.

To sue CompUSA you will probably have to show that they did something they weren't supposed to do. If they were just following the orders of the local police, you probably can't sue them. If they wiped the computer on their own, then you might have a case.

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Answered on 10/06/08, 9:09 am


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