ComputerForensicsDigest.com

In an unpublished decision issued yesterday, the 9th Circuit Court of Appeals upheld the "dominion and control" test for determining whether images of child pornography were properly admitted at trial. United States v. Jackson, No. 08-30370 (9th Cir. Sept. 2, 2009).

On appeal, Jackson challenged the District Court's decision to permit the introduction of child pornography images found in unallocated space and the Internet cache of his computer. The Circuit Court said that trial court "may have abused its discretion" by permitting introduction of the images without a showing by the government that Jackson exercised the required dominion and control.

At the same time, however, the Circuit Court held that any error was harmless, because the government introduced 13 child pornography videos over which Jackson clearly had exercised dominion and control (e.g., purposely saved to a specified directory on his hard drive). Since any error in the admission of the photographs was obviated by the permissible introduction of the videos, Jackson's appeal was denied.