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Offlinep14y80y
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How do non-related crimes become the crime?
    #13041656 - 08/12/10 01:47 PM (13 years, 9 months ago)

I have a friend who lives in Kansas and just called me and saying the cops came with a warrent and searched her apartment. The reason was because someone was using their internet and looking up child pornography. They have wireless with no password and live in an apartment building.

They took 2 computers (which has downloaded movies-software-music), a large amount of burned/pirated cd-rs/dvd-rs, under an ounce of marijuana, a few used smoking devices, and an unlicensed hand-gun.

Neither her nor her boyfriend was arrested, they said "we will get back to you Monday"... from what the friend told me.

Does anyone have knowledge or an experience similar to this. My main question is the warrent was giving for the child porn, sense they found other stuff will those be accounted for? Is there a new crime though the crime they were looking for isn't going to found?

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Invisiblejohnm214
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Re: How do non-related crimes become the crime? [Re: p14y80y]
    #13045028 - 08/13/10 05:31 AM (13 years, 9 months ago)

Quote:

p14y80y said:
I have a friend who lives in Kansas and just called me and saying the cops came with a warrent and searched her apartment. The reason was because someone was using their internet and looking up child pornography. They have wireless with no password and live in an apartment building.

They took 2 computers (which has downloaded movies-software-music), a large amount of burned/pirated cd-rs/dvd-rs, under an ounce of marijuana, a few used smoking devices, and an unlicensed hand-gun.

Neither her nor her boyfriend was arrested, they said "we will get back to you Monday"... from what the friend told me.

Does anyone have knowledge or an experience similar to this. My main question is the warrent was giving for the child porn, sense they found other stuff will those be accounted for? Is there a new crime though the crime they were looking for isn't going to found?





I don't understand, could you repeat what your question is- specifically the last paragraph?


Regardless, if nobody was looking for child porn on that computer, you'll probably be cool.  They'll likely try to establish that whatever evidence they had of such relates to that particular computer.  If it doesn't they'll probably leave you alone.


I'm sorry this happened to you, but think of it as a wake up call.  I personally have serious doubts whether child pornography should even be illegal per se, and I certainly detest the way its being used to justify all manner of bullshit such as what happened to you.


My advice to you is to SAY NOTHING, CONSENT TO NOTHING, and ASK FOR A LAWYER, period.  Don't think just because you're innocent that bad things can't happen.  By this I don't simply mean conviction, but also ongoing harrasment, seizure, searches, et cet.


Especially with a moral panick such as child pornography, you don't want to provide them with ANY information at all, as EVERYTHING can be used against you to greater or lesser extent.  Don't try t prove your innocence, if you must bitch and assert your innocence, call a lawyer.

Good luck

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OfflineAlan RockefellerM
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Re: How do non-related crimes become the crime? [Re: p14y80y]
    #13053268 - 08/15/10 12:12 AM (13 years, 9 months ago)

Its an interesting case, if they see that your IP is downloading child porn I think that gives them probable cause to search your apartment.

Since they have a valid reason to search, anything they find is admissible.

I am not sure that it matters if you did the child porn or not.

I usually set my access points to open.  I like to think that it gives me some plausible denyability.  Probably not though, they just run you through the system.

Hopefully they won't persue it when they don't find child porn on your computer.

You can challenge the warrant on the basis that the contents of your computer don't match the child porn downloads.  Hopefully you won't need to do that.

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Invisiblejohnm214
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Re: How do non-related crimes become the crime? [Re: Alan Rockefeller]
    #13053693 - 08/15/10 03:47 AM (13 years, 9 months ago)

Quote:

Alan Rockefeller said:
Its an interesting case, if they see that your IP is downloading child porn I think that gives them probable cause to search your apartment.

Since they have a valid reason to search, anything they find is admissible.

I am not sure that it matters if you did the child porn or not.

I usually set my access points to open.  I like to think that it gives me some plausible denyability.  Probably not though, they just run you through the system.

Hopefully they won't persue it when they don't find child porn on your computer.

You can challenge the warrant on the basis that the contents of your computer don't match the child porn downloads.  Hopefully you won't need to do that.





Me too, I keep my access point open as well. Principally, I don't mind sharing with my neighbors and have no reason to cut them out, but its also a nice plausibly deniable loophole if someone gets a bug up their ass.

The child porn laws are scary as hell.  I could put an image in this post right here that could convict many people of this- often the intent element is missing or marginilized enough that it is essentially irrelevant.


I really doubt whether child porn prohibition is doing any good in the first place.  Seems it might be better to deal with it the way other private material is dealt with, especially fruits of criminal activity, and convict the producer and seize the porn.  Once its out there though, does it make sense to convict people who view this post simply because I embedded an illegal image in it?  Does it do any good even when used against people actively seeking it out?


Original Poster:  Like Allen said, they can seize unrelated items. The warrant will list what may be seized, and any evidence of illegal activity on such seized items may be used against you even if it demonstrates an unrelated crime was commited.


Quote:

You can challenge the warrant on the basis that the contents of your computer don't match the child porn downloads.  Hopefully you won't need to do that.




Legally, I don't think this is a good argument.  Whether or not they find anything, the warrant really should be judged on the basis of what evidence was submitted to justify it prior to its issuance.


You should be able to get the computer back either way, however; if guilty they'll probably get it awarded to the state in the judgment or plea deal.

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Offlinep14y80y
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Re: How do non-related crimes become the crime? [Re: johnm214]
    #13058097 - 08/16/10 06:15 AM (13 years, 9 months ago)

Sorry for the late response. Yea this was a "couple" of friends (very first line), I guess I will know what happens in a few days. They are good people and it would be a shame for something to happen. Thanks for the replies. I will let you's know when she gets back ahold of me.

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Offlinep14y80y
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Registered: 12/09/06
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Re: How do non-related crimes become the crime? [Re: p14y80y]
    #13065620 - 08/17/10 06:03 PM (13 years, 8 months ago)

Well she said they still have their computers and cd's. Of course kept the weed (she said she won't be getting charged for), her smoking pieces (that she knows she isn't going to get back), and  the gun (that all she said was that... "they didn't say anything about it"). So she feels her and her boyfriend are in the clear. I hope so but I guess they got lucky. All they said was that they didn't find anything on their computers and was going to look at other tenants comuters in the building.

If anything bad comes out of this, I will post it so maybe someone else can use it as a story of a possibility.

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