The H Family
This was a very fun case. The client was actually a family, both parents and a child. The family computer was brought to Best Buy where child pornography was found. The police began investigating and the computer was seized. Since all three family members used the computer, all three were suspects. Jef Henninger, Esq. filed a motion to return property even though no one was arrested. The Court told Jef that he couldn’t file the motion. Jef fought hard for months to even get the motion heard. When the Court came up with an objection, Jef shot it down. They came up with another and Jef shot it down again. Eventually the Court was forced to hear the motion. The motion was denied without prejudice (which was fine) but the State indicated that since we had fought so hard before anyone was arrested, they would agree to drop the case if we forfeited the computer. My clients were more than happy to give up an old computer to avoid arrest.
As an aside, the law clerk for the judge met Jef a few years later in an elevator. She became a prosecutor and was actually on Jef’s case that morning. When she realized Jef was on the case, she remembered this case and said that she didn’t want to go through all that with him. Thus, before the two lawyers got out of the elevator, she agreed to dismiss the case against Jef’s client.