Elgin man fights computer search that prompted child porn charges
An Elgin man accused of child pornography possession is challenging a search that resulted in the seizure of his computer and arrest.
Johny Perez-Torres, 43, of the 900 block of Van Street, was charged with five counts of felony possession of child pornography, Kane County court records show.
The charges came after South Elgin police executed a search warrant in February 2013 at Perez-Torres' workplace on Sundown Road.
"Said search warrant was neither for the search of any person nor for the seizure of any person. However, same was for the search and/or seizure of any and all computers," wrote Perez-Torres' attorney in a motion to ban evidence gained from the search warrant from being used at trial. "That it was clearly not a search warrant for the person of your defendant, Johny Perez-Torres."
After being read his Miranda rights, Perez-Torres made statements to authorities resulting in the charges, according to the court motion.
An affidavit used to secure the search warrant indicates police homed in on Perez-Torres after receiving word from another agency.
A McHenry County sheriff's detective was conducting an online investigation of child pornography and downloaded pornographic files three times in a file sharing service from an Internet Protocol address in December 2012, the affidavit noted.
The detective determined the IP address was in South Elgin and informed police.
Perez-Torres is free on bond and attorneys will argue the matter before Judge James Hallock Oct. 20.
Perez-Torres faces up to seven years in prison if convicted.