Child Pornography Charges: What Happens on Your Computer Is Not Private

 Posted on April 18, 2017 in Privacy Rights

Child pornography is a taboo topic across the United States. While it is important to protect our children, it is also important to protect and defend the rights of the American people. All too often, unsuspecting individuals become engaged with situations that can get them into a heap of legal trouble. We see stories popping up all over social media and the news that so-and-so paid untold amounts of money in fines and jail time for their child pornography case. One starts to question how all of these people are getting caught by the police? What happens on your computer should stay there. However, this right diminishes at an alarming rate.

How Law Enforcement Obtains Evidence

Law enforcement is becoming increasingly more forceful and deceitful in their tactics to gather information. Someone who has no inclination they are under surveillance may end up with a rude awakening when officers appear at the front door, claiming to have evidence of illegal activity. Some methodologies utilized in apprehending suspects include:

• Searching file sharing websites,
• Tracing the IP address to find the location of the person who shared the illegal transmission,
• Posing as young children to apprehend solicitors,
• Pretending to be people interested in purchasing child porn,
• Making deals with perpetrators to blame someone else, and
• Utilizing illegal images known as “honey pots” to catch anyone downloading the image.

How Legal Are These Practices?

The legality of each method depends on the circumstances surrounding the purpose of its utilization. Meaning, if the police officer navigated the correct channels and obtained the proper warrants with the approved documentation, then yes, many of these practices are legitimate. However, during trials, a defendant has a right to face their accuser and learn what practice caused the arrest. If the methodology remains unproduced, the foundation of the case may disintegrate. Investigators are finding that they need to be increasingly tech savvy to “outsmart” those they are following, leading them to rely on unsuitable practices such as hacking and malware usage. With these strategies, privacy issues and rights infringement come to the forefront of the arguments.

Learn Your Rights

When the government has information against you, it is imperative to retain an attorney as soon as possible. Through the proper utilization of decades of skill, the right lawyer can have illegally obtained evidence suppressed, potentially leading to the reduction or dropping of charges. If you would like to schedule a free consultation with a Chicago, IL criminal defense attorney, contact the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney today by calling 312-629-0669.

Source:

https://www.law.cornell.edu/uscode/text/18/2252