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Wheeler v. State
Delaware Supreme Court
135 A.3d 282 (2016)
Christopher Wheeler (defendant) was accused of sexually abusing the W brothers and NK, Wheeler’s adopted son, in the 1980s when the W brothers and NK were minors. The W brothers confronted Wheeler concerning the abuse in July 2013. Thereafter, Wheeler contacted the W brothers by email and phone and had several in-person conversations with them. Wilmington police suspected Wheeler of witness tampering. The police obtained warrants to search any computer, storage device, cell phone, camera, or electronic or print record belonging to Wheeler. When executing the warrant, the police discovered child pornography. Wheeler challenged the warrant’s scope. The state (plaintiff) admitted that the police had copied and pasted language from a search warrant for child pornography. Wheeler was convicted and appealed.
Rule of Law
Holding and Reasoning (Valihura, J.)
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