NY appeals court overturns child porn conviction over Fifth Amendment violation

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A state appeals court has overturned a child pornography conviction because the search warrant that uncovered the key evidence violated the defendant’s Fifth Amendment right.

Defendant Spencer Manganiello pleaded guilty in January before Oswego County Court Judge Armen J. Nazarian of possessing a sexual performance by a child.

In a recent decision, the Appellate Division of state Supreme Court, Fourth Department, unanimously vacated the plea and granted a defense motion seeking a determination that Manganiello’s Fifth Amendment right against self-incrimination was violated.

Manganiello’s appellate lawyer argued that the search warrant that led to the discovery of more than 100 sexually explicit videos involving children on Manganiello’s cell phone violated his right against self-incrimination because Manganiello was compelled to provide his biometric data to unlock the phone.

“We agree with defendant that the execution of the search warrant violated his right against self-incrimination under the Fifth Amendment,” Justice E. Jeannette Ogden wrote for the Court.

In 2022, the Oswego County Sheriff’s Office received tips from Google that child sexual abuse material had been uploaded to its servers from a Google account accessed from an internet service account located at a specific address in Oswego.

In response to a search warrant, Google provided investigators with additional information that led to Manganiello’s residence.

In February 2023, investigators applied for a warrant authorizing the search of Manganiello and items in his possession, along with his apartment, and any computers and electronic devices located there.

A County Court judge signed the warrant, which stated that “police officers may, if necessary, press the fingers or capture a facial image of (Manganiello) or any person located within the premises for the purpose of attempting to unlock any computer or electronic device secured via a biometric lock to search and examine the contents therein.”

The warrant was executed in March 2023. During the execution of the warrant, an investigator told Manganiello that “all electronic devices were to be secured and directed defendant to hand over his cell phone,” according to the decision.

When the investigator attempted to grab the cell phone, Manganiello pulled away, but the investigator grabbed him by the wrist, took the phone and placed his hands behind his back.

Manganiello was handcuffed and placed in the back of a police car. He was told that the warrant required him to unlock his cell phone, and he unlocked the phone by placing the tip of one of his fingers on the phone, which unlocked the device, according to the decision.

More than 100 sexually explicit videos involving children were found on the phone in a folder labeled “child porn,” along with artificial intelligence-generated sexually explicit images of children, according to the decision.

Manganiello was charged with four counts of promoting a sexual performance by a child, and one count of possessing a sexual performance by a child.

Manganiello’s lawyer moved to suppress the evidence, contending that the act of using a fingerprint to open a device is testimonial for Fifth Amendment purposes, according to the decision.

Nazarian denied the motion, concluding that the search warrant did not violate Manganiello’s Fourth or Fifth Amendment right.

Manganiello pleaded guilty to one count of possessing a sexual performance by a child and was sentenced to 10 years probation.

“On appeal, the People do not dispute that the opening of the cell phone was compelled and incriminating. We are thus tasked with determining whether defendant’s compelled opening of his cell phone, upon the warrant’s execution, had a testimonial aspect sufficient to trigger Fifth Amendment protection,” Ogden wrote.

“We … conclude that the execution of the search warrant violated defendant’s right against self-incrimination under the Fifth Amendment,” the court wrote.

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