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Former magistrate loses fight to exclude evidence in child porn case

James Benjamin Gosnell Jr., 68, was taken into custody in September 2026, charged with possessing, distributing and receiving child sex abuse materials. Federal authorities say those materials included minors, toddlers and infants.
Charleston County Sheriff's Office
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James Benjamin Gosnell Jr., 68, was taken into custody in September 2026, charged with possessing, distributing and receiving child sex abuse materials. Federal authorities say those materials included minors, toddlers and infants.

A federal judge has dismissed a motion questioning the validity of a search warrant at the home of former Charleston County Magistrate James B. Gosnell Jr.

*This story contains allegations involving child sexual abuse that may be disturbing.

A former Charleston County magistrate has lost his fight to keep a search of his home from being used as evidence in a federal, child pornography case against him.

James B. Gosnell Jr. was arrested last September and charged with possession and distribution of child sex abuse materials. Federal authorities say those materials included minors, toddlers, and infants.

Gosnell wanted a federal judge to schedule a hearing into the validity of the search warrant executed at his home on Sept. 16, 2026. His attorney argued the warrant lacked probable cause, was based on old information and was tainted by misleading statements.

But Monday, Federal Judge Richard Gergel denied Gosnell’s motion for such a hearing.

Authorities say they found hundreds of images and conversations about child sex abuse at Gosnell’s home and on his electronic devices. Some of the images, they say, included depictions of rape and torture.

What’s more, prosecutors say Gosnell confessed to having such materials when they searched his home.

A tip from the National Center for Missing and Exploited Children prompted the Department of Homeland Security to investigate. That tip, authorities say, included multiple financial transactions with a child sexual abuse material distributer from the United Kingdom.

Victoria Hansen is our Lowcountry connection covering the Charleston community, a city she knows well. She grew up in newspaper newsrooms and has worked as a broadcast journalist for more than 20 years. Her first reporting job brought her to Charleston where she covered local and national stories like the Susan Smith murder trial and the arrival of the Citadel’s first female cadet.