How Investigators Gather Evidence in Child Porn Cases

Child pornography cases are taken very seriously by state and federal investigators. This is, in part, due to the difficulty of catching individuals who make, distribute, and possess such obscene materials depicting children. These days, much of child porn lives on the internet, is sent through secured connections, and is downloaded onto people’s computers and other devices. Investigators in child porn cases often focus on finding electronic data that proves a person’s involvement with child porn.

Electronic data is not as infallible as prosecutors would have you believe. If the police or federal agents claim they have electronic information proving you uploaded, dispersed, received, downloaded, or viewed child pornography, you should call The Law Offices of Ned Barnett at (713) 222-6767 right away. You can also schedule a free and confidential consultation of your case by reaching out through the online form.

How Does Law Enforcement Gather Child Porn Evidence?

During an investigation stemming from accusations of possession of child pornography, the police may:

Search Online File Sharing Networks

Local, state, or federal offices will sign onto networks under an existing user’s credentials, such as those belonging to an informant, or under a false name and persona. They will search the network for shared files containing child pornography.

Once the investigators identify who has uploaded or downloaded the illegal materials, they track those users’ IP addresses, which is an electronic address roughly correlated to a physical location through an internet provider.

Use Online Personas

One way in which investigators seek out the creators, distributors, and viewers of child pornography is through creating false online personas and participating in chatrooms, discussion boards, classified ads, and more related to child pornography.

These investigators, particularly federal agents, are highly sophisticated in knowing how child porn is coded online. They know many of the keywords and phrases to look for, which may seem innocent enough, but signal that child pornography is available, or someone is seeking it out.

When an investigator identifies a username references child pornography, they will trace that username’s IP address.

Law enforcement agencies also may use online conversations they had with you – or someone pretending to be you – to establish a child porn case in court.

Subpoena Users’ Personal Information

Once an agency has a user’s IP address, they will subpoena the internet provider for the personal information attached to the IP address. This puts a name and physical location to the internet username.

Obtain Search and Seizure Warrants

Next, the agency will obtain a search warrant for the physical location. Typically, the search warrant will call for the seizure of any computer equipment and electronic devices, like phones and tablets, electronic media, personal papers and documents, and any unlawful materials pertaining to child pornography.

The police or federal agents may contact you before they have a warrant. They may have some evidence against you, but not enough to obtain a warrant from a judge. You should never let law enforcement agents into your home or answer any of their questions.

If you receive a call or an officer shows up at your home or work, politely tell them that you are happy to cooperate only after you have spoken with an attorney. Then contact a child porn lawyer right away.

Obtain Forensic Analyses of Electronics

After investigators seize personal property, they will have electronic experts conduct analyses of what the content contained on the devices. This can include current files, internet histories, logs, cookies, and deleted files. Investigators have access to forensic software that enables them to recover deleted files.

Question Suspects and Others

In most child porn cases, investigators rely on electronic evidence. However, they also will interview the alleged offender, other household members, family members, and co-workers. Incriminating testimony can significantly strengthen their case.

If you are under investigation for child pornography, it is essential that you do not speak with the police. If you are arrested on child porn charges, tell the officers that you are invoking your right to remain silent, and that you want your attorney.

Are You Under Investigation for Child Pornography?

If you have been contacted by local, state, or federal law enforcement officials in regard to child pornography, contact Houston criminal defense attorney Ned Barnett right away. Child porn cases can begin in several ways, including a person reports finding child pornography to the authorities, and through online activity. In either situation, you need a criminal defense attorney who understands how the authorities investigate these cases and how to fight back against fallible electronic data.

To reach The Law Offices of Ned Barnett and schedule a free, initial evaluation, use the online form or call (713) 222-6767.