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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe Indiana Court of Appeals affirmed that a Hendricks County man’s rights against unreasonable searches were not violated when officers checked his phone and found about 1,500 photos and videos of child pornography.
In the opinion issued Wednesday, the court noted that appellant Kyle Mason Kerr had waived Fourth Amendment protections as a condition of his probation. The appeals court affirmed a lower court’s conviction of Kerr on 17 counts of possession of child pornography.
In June 2024, Kerr pleaded guilty in Clark County to possession of marijuana, paraphernalia and operating a vehicle while intoxicated. He received a suspended jail sentence and a probation term.
Kerr transferred his probation to Hendricks County a month later and upon doing so, was asked to sign a document stating “Probationer … specifically waives any and all rights as to search and seizure” under the laws and Constitution of both the United States and Indiana.
In March 2025, Kerr asked a probation officer to help him set reminders on his phone during an appointment. The probation officer spotted what appeared to be child pornography on Kerr’s phone. The issue was referred to another probation officer who during Kerr’s April 9, 2025, probation appointment discovered nude images of minors on Kerr’s phone.
Kerr’s phone was eventually sent to the Indiana State Police Laboratory, where investigators discovered more pornographic material.
The appeals court found that the waiver Kerr signed was constitutionally valid, and the search of his phone was reasonable.
Court records show Kerr was later sentenced to six years in prison, two years suspended.
The case is Kyle Mason Kerr v. State of Indiana, 26A-CR-431.
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