Criminal Defense Lawyers

Search Warrants In Child Pornography Cases

The Harsh Reality of Child Pornography Cases

There’s one reason, you’re on this website: you or someone close to you is facing charges related to child pornography. It‘s a heavy topic, one that can induce shame, fear, and confusion. But, take a deep breath. We‘re here to guide you through this with empathy and expertise.At Spodek Law Group, we understand the gravity of these situations. Child pornography allegations are treated extremely seriously by law enforcement and the courts. The potential punishments are severe, including lengthy prison sentences and lifelong registration as a sex offender.However, every single client deserves a vigorous defense. Our criminal defense attorneys have years of experience defending individuals accused of crimes related to child pornography and exploitation. We know how to navigate these complex cases and fight for the best possible outcome.

Understanding Search Warrants for Digital Devices

In child pornography investigations, law enforcement often seeks search warrants to seize digital devices like computers, phones, and external hard drives. Why? Because these devices may contain critical evidence.But, what exactly do the authorities need to obtain a search warrant? It comes down to probable cause. The officer applying for the warrant must demonstrate facts that would lead a reasonable person to believe evidence of a crime will be found in the place to be searched.In child porn cases, some common factors establishing probable cause include:

• A witness saw explicit images of minors on the suspect’s device
• The suspect’s IP address or online activity links them to sharing or accessing child porn
• The suspect has a history of sexual interest in children or ties to pedophile communities
• Child porn was previously found on devices belonging to the suspect

If the judge agrees probable cause exists based on the officer‘s sworn statements, they will issue a search warrant. This authorizes law enforcement to seize and forensically examine any digital devices and storage media specified in the warrant.

Drafting Warrant Applications – The Devil Is in the Details

When applying for a search warrant, law enforcement must be very specific about the places to be searched and items to be seized. Vague or overly broad language can lead to challenges down the road.For digital devices, the warrant application should explicitly state the authority to search:

• Computers, laptops, tablets
• Smartphones, cell phones
• External or portable hard drives
• USB thumb drives
• SD cards, camera memory cards
• Cloud storage accounts
• Any other digital storage media

The application should also request permission to create full forensic copies or images of the devices to be searched off-site in a lab environment using specialized tools.

Time Is of the Essence – The “Staleness” Issue

You might think, “Well, the alleged crime happened months ago, so any evidence would be gone by now, right?” Not so fast.Courts have consistently ruled that evidence of child pornography possession does not become “stale” as quickly as other types of evidence. Why? Because collectors of child porn tend to keep their materials for long periods, treating it like a hoarder with any other type of contraband.As a result, even if the alleged offense conduct occurred weeks or months prior, law enforcement can still obtain a warrant by explaining this tendency to retain child porn files over time.

Your Home Is Not a Safe Haven

Many suspects assume that as long as they only view child porn in the privacy of their own home, they are safe from prosecution. Unfortunately, this belief is dangerously misguided.Federal law makes it a crime to knowingly possess any visual depiction of a minor engaged in sexually explicit conduct, including in one’s residence. Several courts have upheld these laws, ruling that there is no reasonable expectation of privacy when it comes to exploiting children.So if the authorities have probable cause, they can obtain a warrant to search your home, devices, online accounts, and storage media for child porn – regardless of where the alleged “possession” took place.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

Protecting Your Rights – Don’t Go It Alone

If law enforcement shows up at your door with a search warrant for digital devices, the situation just became extremely serious. Everything you say and do from that point on could heavily impact the outcome of your case.That’s why it’s critical to avoid speaking to the authorities until you have legal representation. Anything you say can potentially be used against you, even if you believe you‘re saying something harmless or helpful.As soon as investigators make their presence known, immediately invoke your right to remain silent and your right to an attorney. Do not answer any questions or consent to any searches without a lawyer by your side.At Spodek Law Group, our criminal defense team is available 24/7 to protect your rights at a moment’s notice. We’ll start working immediately to limit the impact of the search, ensure proper procedures are followed, and lay the groundwork for an aggressive defense strategy.

Building a Powerful Defense Strategy

No two child pornography cases are exactly alike. That’s why our defense strategies are always personalized to the unique facts and circumstances surrounding each client.Some potential defense avenues we may pursue include:

• Challenging the probable cause for the search warrant
• Arguing that the search exceeded the permissible scope
• Questioning the reliability of forensic evidence examination
• Raising issues about identity and whether you knowingly possessed the materials
• Exploring potential entrapment by law enforcement
• Evaluating the specific images/videos to determine if they meet the legal definition

Our firm also has extensive experience negotiating with prosecutors to avoid charges or reduce potential sentences through plea bargaining when appropriate. However, we only recommend this path after carefully weighing all the evidence and circumstances.