Michael O’Neal, a Sioux Falls man convicted on child pornography charges, has appealed for a new trial before the state Supreme Court.
O’Neal was initially convicted on all 15 counts and sentenced to approximately four years in prison.
His appeal centers around the argument that the police did not follow proper procedures to obtain a search warrant for his phone, which played a crucial role in tying him to child pornography files.
The defense contends that the attenuation doctrine should not apply in this case, as there was no intervening circumstance to justify the search.
The prosecution maintains that probable cause was established through a tip from O’Neal’s partner, who had seen incriminating images on the phone.
A decision on the appeal is expected in the coming weeks.