Spying by NCIS may mean Algona man convicted of child porn goes free
Sep 18, 2014, 6:13 AM | Updated: 8:06 am
The suspect was busted when the NCIS began searching civilian computers around the nation for any evidence of child pornography. (AP Photo/File)
(AP Photo/File)
Naval Criminal Investigative Service (NCIS) is the law enforcement wing of the U.S. Navy. You might have heard of them because they have their own TV drama.
Now, the real-life NCIS is accused of overstepping their authority, and it could mean a man convicted of having child pornography will go free.
The suspect was busted when an NCIS agent began searching computers around the nation for any evidence of child pornography.
The agent, based in Georgia, had claimed he was scanning computers in Washington because of the state’s many military bases.
The agent found the explicit videos on the Algona man’s shared computer service and checked to see if he was a part of the military. When he wasn’t, the agent turned over his evidence to civilian authorities for prosecution.
The Seattle Times reports a three-judge panel of the 9th Circuit Court of Appeals ruled the NCIS had no authority to search civilian computers, a violation so egregious, it decided to throw out the man’s conviction as a message to stop the practice.
As one justice wrote, “Letting a criminal go free to deter national military investigation of civilians is worth it.”
The U.S. Attorney’s office is appealing.
