MONROE - The case against a former Monroe man charged with possession of child pornography can continue after a judge denied motions to dismiss incriminating evidence Friday.
Timothy Gordon Hoffman, 43, currently of Cherry Valley, Illinois, faces 29 counts of possessing child pornography, each a Class D felony. Hoffman was an Orangeville high school teacher at the time of his arrest.
Hoffman was charged in December after police executed search warrants at Hoffman's residence, which was located in Monroe at the time, and his vehicle. During their searches, they found several images of child pornography at his residence and Hoffman himself made several incriminating statements as officers searched his vehicle, including admissions that child pornography could be found on his computers.
However, Hoffman's attorney, Robert Duxstad, filed motions in January challenging the actions of the police.
Duxstad argued that the search of Hoffman's residence was unlawful, as it was not based on sufficiently reliable sources.
The investigation began based on a report from the online chat service ChatStep, which flagged an image of child porn uploaded from Hoffman's IP address in September 2016. However, Duxstad argued that officers failed to conduct due diligence in ascertaining the veracity and reliability of ChatStep's report.
Furthermore, Duxstad argued that Hoffman's self-incriminating statements had been solicited and coerced by officers before they had read him his Miranda rights.
Green County Circuit Judge Thomas Vale, at an oral ruling Friday, denied Duxstad's motions, allowing the evidence and statements obtained in the searches to stand.
Vale said that previous case law dictates that the testimony of an individual reporting a crime is sufficient to base a search warrant upon, because "citizens would have no reason to fabricate criminal activity." The same rationale, Vale said, applied to ChatStep, and thus there was probable cause for officers to search Hoffman's residence.
Regarding Hoffman's statements during the search of his vehicle, Vale noted that one of the first statements officers made to Hoffman was to tell him he was not under arrest. He added that officers took great pains to avoid asking direct questions of Hoffman, and only did so after Hoffman alluded to his possession of child porn.
Vale called for the case to proceed with all evidence obtained in the searches. A pre-trial conference is scheduled for July 25.
Hoffman's charges carry a maximum possible sentence of 435 years in prison.
Timothy Gordon Hoffman, 43, currently of Cherry Valley, Illinois, faces 29 counts of possessing child pornography, each a Class D felony. Hoffman was an Orangeville high school teacher at the time of his arrest.
Hoffman was charged in December after police executed search warrants at Hoffman's residence, which was located in Monroe at the time, and his vehicle. During their searches, they found several images of child pornography at his residence and Hoffman himself made several incriminating statements as officers searched his vehicle, including admissions that child pornography could be found on his computers.
However, Hoffman's attorney, Robert Duxstad, filed motions in January challenging the actions of the police.
Duxstad argued that the search of Hoffman's residence was unlawful, as it was not based on sufficiently reliable sources.
The investigation began based on a report from the online chat service ChatStep, which flagged an image of child porn uploaded from Hoffman's IP address in September 2016. However, Duxstad argued that officers failed to conduct due diligence in ascertaining the veracity and reliability of ChatStep's report.
Furthermore, Duxstad argued that Hoffman's self-incriminating statements had been solicited and coerced by officers before they had read him his Miranda rights.
Green County Circuit Judge Thomas Vale, at an oral ruling Friday, denied Duxstad's motions, allowing the evidence and statements obtained in the searches to stand.
Vale said that previous case law dictates that the testimony of an individual reporting a crime is sufficient to base a search warrant upon, because "citizens would have no reason to fabricate criminal activity." The same rationale, Vale said, applied to ChatStep, and thus there was probable cause for officers to search Hoffman's residence.
Regarding Hoffman's statements during the search of his vehicle, Vale noted that one of the first statements officers made to Hoffman was to tell him he was not under arrest. He added that officers took great pains to avoid asking direct questions of Hoffman, and only did so after Hoffman alluded to his possession of child porn.
Vale called for the case to proceed with all evidence obtained in the searches. A pre-trial conference is scheduled for July 25.
Hoffman's charges carry a maximum possible sentence of 435 years in prison.