September 20, 2014
CARSON CITY, Nev. (AP) - The Nevada Supreme Court has upheld a lower court judge who tossed out evidence in a child pornography case because of a faulty search warrant.
Michael Alan Kincade is serving a life sentence on other convictions of sexually abusing children.
But in a unanimous ruling Thursday, Nevada's seven justices said prosecutors could not use as evidence more than 6,000 images of child pornography that were found on Kincade's computer during the child molestation investigation.
The high court's opinion says a 2011 warrant issued as part of that investigation did not include an affidavit or probable cause finding to seize and search the computer.
The court's opinion upholds a previous ruling by Seventh Judicial District Judge Steve Dobrescu.