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South Dakota v. Linson
South Dakota Supreme Court
896 N.W.2d 656 (2017)
On March 3, 2013, law enforcement went to the home of Todd David Linson (defendant) after receiving information about child pornography on his computer. The computer was password protected, and Linson provided the login information. Forensic analysis revealed 41 images of child pornography in the cache associated with Linson’s user profile. The analysis also revealed that many search terms associated with child pornography had been used on the computer. Based on five of the images found in Linson’s cache, he was indicted on five counts of knowingly possessing child pornography under South Dakota Codified Laws (SDCL) 22–24A–3(3). At trial, Linson moved for a judgment of acquittal before the case went to the jury, arguing that he did not knowingly possess the images in his cache. The court denied the motion, and Linson was convicted on all five counts.
Rule of Law
Holding and Reasoning (Severson, J.)
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