Bad Idea of the Week: Leaving Cellphone with Child Pornography as Collateral for Bar Tab

Posted by: Frederick Lane

Finishing a night of drinking a little short of cash could cost a Brookfield, WI man a lot more than he expected: in fact, as much as 175 years in prison.

A week ago, Aaron R. Klein, 24, spent the evening at the Saloon on Calhoun, a bar in Brookfield, WI. At 2 a.m., he discovered that he didn't have enough cash or a credit card to cover his $57.75 bar tab, so he left his cellphone as collateral and promised to come back the following day to redeem it with cash.

A bartender scrolled through the phone looking for Klein's number, saw images of what appeared to be child pornography, and called local police. The following afternoon, when Klein returned to the bar to collect his phone, he was arrested and charged with possession of child pornography. The police also charged him with possession of narcotics when a search revealed that he was carrying two OxyContin pills without a prescription.

Based on the contents of Klein's cellphone, police obtained a search warrant for his home. His computer contained two hard drives, on which investigators located approximately 300 to 400 child pornography images.

A preliminary hearing is scheduled for 10/15. Klein is charged with 7 counts of possessing child pornography; each count carries a maximum sentence of 25 years, a fine of up to $100,000, or both.

Apart from demonstrating that people make stupid decisions after a night in a bar, the case is yet another indication of the extent to which child pornography is moving from computers to mobile devices. For computer forensic specialists, it puts a premium on familiarity with mobile forensic techniques; for attorneys, and particularly the criminal defense bar, it raises serious and complicated issues regarding search and seizure.

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