There is more information coming out regarding Josh Duggar’s case. As it’s been reported, Duggar was arrested in April and was later charged with receiving and possessing child sex abuse material.
Now, his defense team is in further arguments with the prosecution reports are suggesting. According to People, after Josh was arrested, while he was being processed, photographs were taken on his hands.
Josh Duggar’s Defense Team Files Yet Another Motion
RELATED: Josh Duggar’s Lawyers File Two Motions In an Attempt to Get His Case Dismissed
Now, the 33-year-old’s lawyers are claiming those photos can’t be used in court because they claim they were illegally obtained. As People reports, one of the photographs showed a scar on one of Josh’s hands.
His lawyers further claim that the photos “were a violation of his Fourth, Fifth and Sixth Amendment rights,” they added that “law enforcement officials should have obtained a warrant before taking them.”
“What is particularly egregious about [Homeland Security’s] conduct in this capacity is that Duggar’s body parts were manipulated and he was required to pose for the photographs,” the motion, obtained by People, further states. “By any measure, this constitutes a search and an ‘intrusion on [his] personal rights’—all without his counsel present—in violation of his Fourth, Fifth, and Sixth Amendment rights.”
The prosecution responded to the defense’s motion the same day, saying that “the defendant is incorrect on all counts.” The prosecution elaborated to say that “the display of a defendant’s physical characteristics,” such as a photograph, do not fall under the Fifth Amendment right against self-incrimination. Among other explanations, the prosecution asked the court to deny the motion.
According to People, the prosecution also revealed that the scar on Duggar’s hand “links him to ‘images recovered from electronic devices.’” It was also revealed that Josh “voluntarily consented” to having the photos taken.
This is far from the first motion Duggar’s defense team has filed in an attempt to get evidence, even the entire case, thrown out. The hearing for this particular motion is set for October 4.
Josh is currently expecting his seventh child with his wife of 13 years, Anna Duggar. His trial is set to take place on November 30.
Currently, Josh is living with family friends while under house arrest. He is allowed to see his wife, and his six children only if Anna is present.
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