Electronic Monitoring Of Child Porn Suspect Unconstitutional: Judge

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A federal judge has held unconstitutional the electronic monitoring of a pizzeria owner awaiting retrial on child pornography charges, reports the New York Law Journal. Judge Jack Weinstein in Brooklyn found that the monitoring, mandated by the 2006 Adam Walsh Child Protection and Safety Act, constitutes unconstitutionally excessive bail and violates defendant Peter Polouizzi’s procedural due process rights. “The basic defect of the Adam Walsh Act, as applied, is that it imposes a mandatory limit on freedom of an accused without permitting an ‘adversary hearing,'” Weinstein said.

The judge added that, “required wearing of an electronic bracelet, every minute of every day, with the government capable of tracking a person not yet convicted as if he were a feral animal would be considered a serious limitation on freedom by most liberty-loving Americans.” It was another setback for the government in its prosecution of Polouizzi, who has admitted collecting thousands of images of child pornography. He says he downloaded the photos in the hope of saving the children or perhaps of finding evidence of the brutal rapes he endured as a child.

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