Disgraced former reality star Josh Duggar suffered a setback in his pre-trial court strategy.
His attorneys have been filing a flurry of motions to suppress evidence that investigators gathered against him.
Undeterred by various defeats, Josh is dead-set on not going to prison, no matter how heinous
Josh is asking the court to bar the prosecution from using photographs of his hands.
As we previously reported, investigators obtained a warrant and raided Josh Duggar’s car lot in 2019.
In addition to searching multiple electronic devices found on the property, they also used other investigative tools.
They spoke to witnesses who were present at the time. They also took photos, documenting evidence and the search itself.
It was only later, after his arrest, that law enforcement took photographs of Josh’s hands and feet, requiring him to pose for them.
The purpose for the photographs was apparently to correlate photos featuring Josh’s hands and feet, found on his phone, with him.
In other words, identifying that his extremities appeared in photos helps to disprove any claims that someone else is responsible for activities on the phone.
Josh’s legal time filed a motion to suppress this evidence.
The motion targeted “photographs law enforcement took of Duggar’s hands and feet while requiring him to pose for the photographs in custody.”
His attorneys claim that investigators “did not have a warrant which authorized the taking of the photographs” without a lawyer present.
According to Josh’s defense team, investigators should have obtained “a warrant which permits photographing a defendant’s body parts.”
Arresting him, they argue, only permitted police to take “a simple booking photograph” and not to photograph his hands or feet.
His attorneys say that this was an “intrusion on [his] personal rights.”
Prosecutors responded to this by asking the court to deny the defense’s motion to suppress.
According to them, Josh “expressly consented to having the photographs taken.”
They also clap back at the notion that these were invasive, on the grounds that they’re, well, just his hands and feet.
“The photographs document a scar on the defendant’s hand, which is plainly visible,” prosecutors argued.
“Law enforcement observed the same scar in images recovered from the defendant’s electronic devices seized pursuant to a search warrant in this case,” they added.
As such, prosecutors stated thatt his “did not constitute an unreasonable or warrantless search of the defendant.”
Josh did not have to remove any clothing for the photos, simply hold still while investigators took them.
After prosecutors issued their counterargument, Josh’s attorneys apparently asked for more time.
The Sun reports that the defense asked for a seven-day extension, saying that they need “more time.”
The tricky thing about a case like this is that motions like these can influence the verdict but ultimately have no relation to the defendant’s guilt.
So, on the one hand, the court must weigh the topics of debate purely on matters of law, precedent, and human rights.
On the other, the court has to consider how much information the jury will need at trial in order to reach an accurate verdict.