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211 So. 3d 294

Scott v. State

District Court of Appeal of Florida

Decided February 8, 2017

District Court of Appeal of Florida · decided 2017-02-08

Relies on Illinois v. Gates · 907 So. 2d 626 - Brachlow v. State · 112 So. 3d 564 - Johnson v. State

Decided 2017-02-08

GROSS, J.

¶1We affirm appellant’s convictions for possession of child pornography. The pornography was contained on a thumb drive. The thumb drive also contained videos, taken by a hidden camera, of young girls undressing and using the bathroom in appellant’s home. In several of these videos, a male torso was observed entering the bathroom and activating a recording device. Appellant’s wife identified the male figure’s shirt and body as that of appellant. The trial judge admitted these videos, finding them relevant to establish appellant’s ownership of the thumb drive.

¶2These videos were relevant to prove a material fact in issue-appellant’s identity as the owner of the child pornography also contained on the thumb drive. See § 90.404(2)(a), Fla. Stat. (2014). The trial judge also determined that the probative value of the evidence was not substantially outweighed by any prejudice to appellant. See § 90.403, Fla. Stat. (2014); Johnson v. State, 112 So.3d 564, 566 (Fla. 4th DCA 2013). We find no error in the admission of this evidence.

¶3On the challenge to the search warrant issue, we affirm on the authority of Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) and Brachlow v. State, 907 So.2d 626, 629 (Fla. 4th DCA 2005).

Warner and May, JJ., concur.
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