U.S. Court denies defendant’s motion to return evidence seized in Ecuador

Posted on November 26, 2012 • Filed under: Crime, Ecuador, Police/Military Activity, TRAVEL, United States

Kenneth McVicker was indicted by a federal grand jury on March 2, 2011, for transporting child pornography in violation of 18 U.S.C. § 2252A(1)-(2). A warrant was issued for his arrest. On March 17, 2011, Mr. McVicker was arrested in Belize by the Belize authorities, allegedly for local immigration violations. Present at the arrest was Paul Trachtenburg, an agent of the U.S. State Department Diplomatic Security Service. The Belize authorities searched Mr. McVicker’s hotel room and seized Mr. McVicker’s digital camera and memory cards, among other items. The items seized were later turned over to U.S. officials.

On or around March 18, 2011, authorities in Ecuador obtained an Ecuadoran search warrant for Mr. McVicker’s residence in Ecuador. The original items seized by the Ecuadoran authorities, including computer equipment and digital data storage media, remain in Ecuador. Digital copies of some or all of the seized items have or will be provided to U.S. Immigration and Customs Enforcement (“ICE”) agents in Oregon…… Read Opinion

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