A Broomall man convicted of using his cell phone to film fellow students in a  bathroom at Villanova 0000University failed in his appeal to the court alleging that Police violated his privacy. The man, in his original trial, had tried to have evidence excluded that was found on a cellphone and a computer. That evidence was allowed in at trial and was the foundation of his appeal.

Vincent Kane age 22 of Broomall was convicted and sentenced back in November of 2017 in  Delaware County by Judge James P. Bradley who imposed a 10-month to 5-year prison sentence, along with 8 years of probation. Kane’s appeal was filed on March 2, 2018..

Kane, convicted of invading the privacy of others, Child Pornography and the use of a communications facility alleged in his appeal that his rights were violated when the Police searched a cell phone that was found lying in a co-ed dormitory bathroom behind a "Wet Floor" sign.   

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A female student had turned in the phone back in September 2016 to Police.  

Judge Alice Beck Dubow, of Pennsylvania Superior Court, found that Kane's privacy rights were in fact not violated. She upheld Kane's convictions on all counts.   Kane alleged that the Police violated his privacy while the Police investigated him for invading the privacy of his other students.

Kane claimed that investigators should have petitioned a judge for a search warrant before searching the phone,  The student that had found turned it into the University Police Department, who then gave it to the County Investigation Division (CID).

The County Detectives looked for guidance on how to handle the phone and subsequently the phone was considered abandoned.  After getting into the phone and its contents, the detectives found videos of Villanova students in the bathroom, "upskirt" videos of women in a CVS store where Kane worked,

Video of secretly recorded high school students at Cardinal O'Hara High School was also on the phone.  Kane attended. O'Hara in Springfield, Delaware County which was only minutes from his Broomall home.

During the investigation, the Police asked Kane if they could search his home computer.  Kane agreed and signed a consent form allowing authorities to search the computer. After child pornography was found on the computer, the authorities went the extra step to get a search warrant for that computer.

Judge Dubow listened to and rejected Kane's argument that the search warrant's issued for the computer were overly broad.

During the November 2017 nonjury trial, Delaware County Judge James P. Bradley convicted Kane.  The conviction came after the Judge denied Kane's request to suppress the evidence in the case.

Dubow agreed with the original trial judge's refusal to suppress evidence that was then used at Kane's trial.  

Kane "intentionally and voluntarily left his cell phone in a public bathroom he did not have a reasonable expectation of privacy in his cell phone," the state judge wrote. So the authorities didn't need a warrant to search went the ruling.

Kane was represented by  Attorney Cheryl Sturm of Chadds Ford, Pennsylvania

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