ROCKLAND, Maine — The search of a former Rockland man’s computer three years ago as part of an investigation into child pornography was legal, but some statements the suspect made to police during a sweep of his home cannot be used at trial.
Justice Daniel Billings issued his ruling Monday in Knox County Unified Court in the case against 45-year-old Marc L. Merrill, whose address is listed as Gorham.
The defense had argued that software used by the Maine State Police Computer Crimes Unit to access a shared folder used by Merrill to obtain his computer’s IP address constituted an illegal search. Billings rejected that claim. The judge said anyone with similar software to Merrill could have accessed his IP address; therefore, he had no expectation of privacy.
Merrill is charged with six counts of possession of sexually explicit material of someone younger than 12 years old. The offenses are alleged to have occurred in August 2013 in Rockland.
Billings also ruled that some of the statements made by Merrill when he was interviewed by police at a Rockland home could not be used at trial.
“The interrogation became custodial when Detective (David) Armstrong lost his temper and threatened to ‘tear this house apart,’” Billings ruled.
The judge said any statements made by Merrill after that point until he was read his Miranda rights warning him of the possibility of self incrimination could not be used. When a suspect is placed in a custodial situation, police are required to read them the Miranda warning. The judge also pointed out in his ruling that after Merrill invoked his right not to speak anymore, police did not scrupulously honor that right, and thus those statements also would be inadmissible.
The case is scheduled to be put on the trial list in August.