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Computer Search & Seizure

Missouri Lawyers Dedicated to Enforcing Computer Search and Seizure Laws

Possession or distribution of child pornography is a very serious criminal charge that carries the possibility of a long prison sentence and the lifelong requirement to register as a sex offender. Anyone facing these or other computer related charges should contact The Roberts Law Firm as soon as possible.

Our attorneys represent defendants who have been charged with possession/distribution of child pornography or other sex offenses in both state and federal court. Call The Roberts Law Firm today at 866.585.3690 toll-free to schedule an appointment.

State and federal authorities rarely give any warning to their suspects while gathering evidence for a child pornography investigation. The first time a suspect learns of the investigation is usually when a team of investigators is knocking at their front door. If no one answers, the battering ram comes out. When the suspect returns home, all computer equipment in the home is gone.

The Basics of File Sharing

These investigations often begin with a specially-trained detective trolling the file-sharing networks such as Limewire, Kazaa and Gnutella where child pornography is sometimes traded. File-sharing networks do not have central servers. All traded files come from individual users. Each user that downloads a file stores that file on his or her computer. Each time that user logs on to the file-sharing network, that file is automatically offered to other users seeking to download it.

The police have ways to track down those who trade files on file-sharing networks. Users of these networks are identified by their Internet Protocol (IP) address. An IP address is a unique number assigned to the user by their local internet service provider.

The police have a database of confirmed child pornography files. These files have been previously investigated and the child in the file has been identified as a victim of sexual abuse. The files being traded can be easily identified.

Each file downloaded from a file-sharing network contains a unique digital fingerprint. The detective has a list of confirmed child pornography files and their digital fingerprints. The officer will perform a search for these files through the use of the file-sharing program. Any user offering a child pornography file for download will be investigated.

The officer will identify the suspect's IP address offering that illegal file for download. The officer will cross check the IP address with the local internet service providers. The local internet service providers will let the police know if any of the IP addresses belong to customers in that detective's jurisdiction, for example St. Charles County, Missouri. If there are any local suspects, the officer will subpoena the internet service provider for the name and address of the customer who was assigned the IP address in question and then comes the knock on the door.

Computer Search and Seizure Laws

When the police come to a child pornography suspect's home they will ask permission to come inside and search. You DO NOT need to let them in. In order for the police to enter a home and search they need to meet at least one of three criteria:

  • First, they can do so if they have been given permission.
  • Second, then can enter the home if they have secured a search warrant.
  • Third, they may be able to enter the home if there are "exigent circumstances" that make it necessary for the police to enter immediately without taking the time to get a warrant.

When the police are given permission to enter and search a child pornography suspect's home, they gather whatever evidence is available. If permission was given, it may be difficult to challenge the legality of the computer search and seizure. When the police come to your door, you should demand to see a search warrant before allowing them inside. When a warrant is presented, you should make sure the police are only allowed access to the items listed in the warrant.

Undoubtedly, any warrant issued to search a child pornography suspect's home will allow seizure of any computers located on the property. Sometimes suspects will do whatever they can to stall the police and delete any materials that may be illegal. In fact, deleting files while the police are at the door may result in a charge of destruction of evidence. The police have skilled forensic investigators who may be able to recover the files regardless of the hasty deleting session.

Use Your Right to Remain Silent

At this point, you should NOT speak with the police. You should only provide them with your name, address and other identifying information. When asked to speak about ANYTHING else, you should state you want to speak with an attorney. You should contact an experienced criminal defense attorney immediately.