Just yesterday another child pornography sex sting was announced in Polk County.
There were nine arrests with one more to come soon. This was the latest operation called operation “Child Shield 3”. It is the culmination of a month long operation that included search warrants. One of the men was a grade school teacher and others work in the Disney area. As a Florida Child Pornography sting lawyer I track most of the arrests throughout Florida. I have handled kiddie porn cases for over thirty years. Not all criminal defense lawyers really understand how to defend these types of cases. There are technical defenses that can be raised. One of the issues soon to be litigated is the manner in which the police come into your computer without your consent.
If a person is using a file sharing program, the police can tap into that person’s computer without their knowledge. Even if the person disables the “sharing” function, every time the computer is cut back on, it defaults to sharing. The police have a program that constantly knocks for access on the computer. When the computer boots up, the file sharing program defaults to “sharing”, and the police program accesses the files in the suspect’s computer. The police then identify the IP address and get a search warrant. When they come in with the warrant, they have another program that can instantly identify child porn on any storage device.
The police still have to prove who was sitting at the computer. They will try and bully the suspect into confessing. Absent a confession, it could be anybody who had access to the suspect computer. The penalties for child pornography are as Trump would say “HUGE”.
If a loved one has been arrested for possession or transmission of child pornography and you want to talk to a criminal defense lawyer who understands the technology and the defenses, Call 941 366 3506 for a free confidential consultation
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