Arkansas Online: “A federal judge Monday denied motions to suppress evidence from electronic devices seized from Josh Duggar, which federal prosecutors are expected to use during his upcoming child pornography trial. US District Judge Timothy L. Brooks also said a hearing on the issues isn’t warranted. Duggar, 33, of Springdale, is charged with two counts involving receiving and possessing child pornography. Brooks set the case for jury trial Nov. 30. Duggar’s attorneys argued several points in asking Brooks to suppress evidence in the case, including that a magistrate judge who issued a search warrant was misled by federal agents about whether a video was completely downloaded, that an examination of the devices took too long, and that evidence in the case became ‘stale’ because of the amount of time that lapsed between agents downloading files from a computer at Duggar’s Internet address and the issuance of a search warrant.”

“Brooks’ ruling said a fatal flaw in Duggar’s argument is even if one video wasn’t completely downloaded, a second video was. Brooks said agents were also able to view the content of the video that may not have fully downloaded and determined it contained child pornography. The second video alone provided probable cause to search his electronic devices for evidence of a crime, Brooks wrote. Brooks said child pornography cases are different in that evidence doesn’t become stale. Brooks noted the courts have found on numerous occasions staleness wasn’t an issue, even when files were downloaded many months prior to the issuance of search warrants.”