BRENTWOOD — A Salem man lost his bid to have possession of child pornography charges tossed after a judge ruled that police were justified in apprehending him and seizing his cell phone at Canobie Lake Park last year.

Judge Marguerite Wageling ruled that Salem police were justified in detaining David Lantagne, 46, last July 6 at Canobie Lake Park and later interviewing him about photos he was taking of young girls near a water slide called Castaway Island.

Lantagne confessed during a police interview that he had downloaded photos he took at the park and sought out photos online of young girls engaged in sexual acts.

He was later indicted on six counts of possession of child sexual abuse images.

Wageling issued her decision after a two-day hearing last month in Rockingham County Superior Court.

She concluded that Lantagne waived his rights both times during his interviews with Salem police detectives, including when he confessed to keeping child pornography on his computer.

That gave police enough evidence to apply for a search warrant and seize the computer.

Defense lawyer John Macoul argued that police had no right to take control of his client’s cell phone. There were no rules posted that prevented Lantagne from taking photographs at the park, according to Macoul.

Steven McPherson, head of security at the Canobie Lake Park, testified that he watched Lantagne use his phone near a water slide, moving in a way that appeared as if he was photographing girls then checking his phone afterward.

McPherson said when he and a Salem police officer confronted Lantagne, he admitted it wasn’t his first time taking pictures of young girls.

“I asked him if he’s done it before. He said a few times,” McPherson testified. “He said I’ve done it here and I have done it at the mall in Salem… I asked him if he thought if he had a problem and he said yes.”

Wageling’s decision now clears the way for prosecutors to use Lantagne’s confession and the evidence from his computer at trial.

jkimble@newstote.com