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Child porn raid was unconstitutional, defense argues

by KAYE THORNBRUGH
Staff Writer | August 17, 2021 1:06 AM

COEUR d’ALENE — A judge is expected to rule soon as to whether police violated the constitutional rights of a man accused of downloading child sexual abuse material.

Matthew G. Barszcz, 26, of Coeur d’Alene, is charged with five counts of sexual exploitation of a child by distribution of sexually explicit material, all felonies.

He pleaded not guilty to all charges in June.

The charges stem from July 2020, when detectives from the Internet Crimes Against Children Task Force searched for people distributing images of child sexual abuse via BitTorrent, a peer-to-peer file sharing network.

Police reportedly found a device containing multiple files that were previously identified as being of interest to child pornography investigations.

Using the IP address associated with the device, police determined it was located at the Coeur d’Alene residence where Barszcz lived. They obtained a search warrant for the location.

A team consisting of at least 20 law enforcement personnel executed the search warrant in the early hours of Feb. 3, according to court documents.

A household member testified she woke around 6 a.m. to police lights flashing outside and someone talking on a loudspeaker. She said she didn’t know if police knocked or rang the doorbell.

Dozens of armed police were outside, she said, including a SWAT team.

Police detained the woman, who told them the other residents, including Barszcz, were inside the house.

SWAT officers reportedly threw flash bangs outside the residence before Barszcz exited.

Flash bangs are explosive devices used to disorient a target with a blinding flash of light and loud bang.

Police then entered the home, wherein they seized electronics belonging to Barszcz.

A forensic examination of the devices allegedly yielded numerous images and videos depicting child sexual abuse, as well as other content.

The content was downloaded between June and October 2020, according to court documents.

Barszcz reportedly told police he searched for and downloaded the material in order to report it to law enforcement.

He reportedly said he was a follower of QAnon, a disproven conspiracy theory alleging that a secret cabal of Satan-worshipping, cannibalistic pedophiles is running a global child sex-trafficking ring.

Barszcz also told police he knew it was illegal to possess images of child sexual abuse but found the images “intriguing,” according to court documents.

A judge issued a warrant for Barszcz’s arrest on March 23.

Barszcz reportedly turned himself in the following day and later posted $200,000 bail.

Craig Zanetti, Barszcz’s attorney, filed a motion in June to suppress all evidence gathered during and after the raid, on the grounds that the search warrant was executed unreasonably, in violation of the Fourth Amendment of the Constitution of the United States.

The evidence would include statements made by Barszcz, observations made by police and any materials seized during the search, which resulted in Barszcz’s arrest.

First Judicial District Judge Lamont Berecz heard arguments last week.

The defense posited that the situation was not risky enough to justify the force police used, which included a SWAT team and flash bangs.

Barszcz had no previous criminal record, Zanetti said, nor did any other residents of the home. None of the residents were known to possess firearms or have gang connections.

Meanwhile, the state argued that law enforcement “substantially complied” with Idaho’s “knock and announce” statutes, which require police to announce their presence and provide residents with an opportunity to open the door prior to a search.

In Idaho, officers may break open a door, window or any part of a house to execute a warrant if they are refused admittance after identifying themselves and their purpose.

Prosecutors further argued that the use of a SWAT team and flash bangs did not affect what materials were seized from the residence.

Even if the court finds that the search was illegal, prosecutors said, the evidence would inevitably have been discovered by lawful means.

Judge Berecz has not yet made a decision on the motion.

A three-day jury trial in the case is scheduled to begin Oct. 12.

In Idaho, sexual exploitation of a child is a felony punishable by a maximum of 30 years in prison.