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S.D.N.Y.: Issue for appeal of CP suppression was not exceptional for bail pending appeal

By John Wesley Hall, Jr.

Defendant's issues for appeal of denial of a suppression motion in a child porn case did not rise to exceptional circumstances for bail pending appeal. Child porn is a crime of violence where there is no bail pending appeal without exceptional circumstances. United States v. Bonczek, 2009 U.S. Dist. LEXIS 87782 (S.D. N.Y. September 8, 2009): The Government urges that Mr. Bonczek has failed to make a clear showing of exceptional circumstances. Mr. Bonczek argues that the issues he will raise on appeal are "exceptional," including: (1) The District Court failed to suppress the pornographic materials seized from Bonczek's apartment, as it should have, and instead erroneously relied on the: (a) independent source doctrine; and (b) inevitable discovery doctrine; and (2) The affidavit in support of the search warrant failed to describe the child pornography with sufficient particularity...continue to full post

Full post as published by Fourth Amendment on September 27, 2009 (boomark / email).