Commonwealth v. Vargas

OPINION BY

GANTMAN, J.:

¶ 1 Appellant, the Commonwealth of Pennsylvania, appeals from the order entered in the Philadelphia County Court of Common Pleas, dismissing all charges against Appellee, Hiram Vargas. We reverse and remand for further proceedings.

¶2 The relevant facts and procedural history of this appeal are as follows. On February 18, 2005, Pennsylvania State Police Trooper Robert Ardery began an investigation into child pornography available for download over the internet. Utilizing various networks and file-sharing programs, Trooper Ardery downloaded a video, depicting an adult male…