ALBUQUERQUE, N.M. (AP) - A federal judge has ruled prosecutors cannot use as evidence pornographic videos seized from the house of 51-year-old man accused of raping a child.
The judge said Thursday the way Bernalillo County deputies seized the videos was unconstitutional.
Joseph Martinez was charged last July with multiple counts of criminal sexual penetration of a minor, child abuse and sexual exploitation of a minor.
The case began last spring when deputies responded to a 911 call at a Tijeras home.
They found an unlocked door and went inside, suspecting a burglary.
No one was there, but deputies say they found 300 videos of child pornography.
Martinez's attorney, Sam Bregman, contended deputies violated Martinez's Fourth Amendment rights against unreasonable search and seizure.
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Information from: KOB-TV, http://www.kob.com
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