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Child pornography charges in Western PA are some of the most serious allegations a person can face. The potential legal consequences, stigma, and personal impact of these cases are significant and often lifelong. In most cases, the entire matter centers on digital evidence, and the investigation typically begins well before an arrest is made. Law enforcement has processes and tools to identify, collect, and assess the potential value of digital evidence.
Both federal and Pennsylvania law prohibit the possession, distribution, and creation of unlawful images or videos of children. Federal law, including several provisions of Title 18 of the United States Code, may be involved in cases of alleged interstate communications, internet or media sites, or with the involvement of federal agencies.
What does not change, however, is that law enforcement must lawfully obtain evidence. This means that digital evidence must be gathered pursuant to the defendant’s constitutional rights, including the prohibition against unreasonable searches and seizures.
In fiscal year 2024, there were 1,375 federal cases involving child pornography out of 61,678 total cases reported nationwide, which marked a 34.4% increase since 2020.
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Typically, the initiation of the investigations in these matters is from information that may relate to online activity. These investigations often originate from other law enforcement agencies, service providers, Internet Crimes Against Children Task Forces, or other entities. Law enforcement referrals typically focus on individual accounts or devices based on evidence or suspicions of illegal activity relating to the distribution or access of unlawful material.
The investigative process reaches this stage when detectives establish a connection to a specific individual. Investigators at that point do not rush to arrest. Investigators often use subpoenas, warrants, and information-layered analysis. Contrary to some portrayals of these types of investigations, a surprise action is rare. These investigations are often well-documented and time-intensive.
Investigations, in most cases, require a search warrant before computers, phones, and/or storage devices can be searched. The affidavit needed for a search warrant preparation must be submitted to a magistrate judge. In the affidavit, the investigator must identify specific facts that support a finding of probable cause to believe evidence of a crime may be found on certain devices or at certain locations.
Judges take these matters seriously and review them carefully. The scope of the search warrant is also key, meaning that it should be particular and define the search and seizure in clear terms. If investigators go beyond the scope of a warrant or do not meet the threshold of probable cause, the evidence that they collect may be subject to a motion to suppress.
During investigations, law enforcement follows legal procedures to examine personal devices based on prior knowledge or information gathered through legitimate means. Once a judge approves the search warrant execution, authorities typically make copies of computers, phones, and other related devices.
The digital forensic professionals then work to make sure the original data is preserved, and they typically create an image that can be searched. The analysts then work to review material that is authorized within the court’s order. These processes are often built with rules that preserve the integrity of the information and prevent unauthorized access.
A Western PA child pornography attorney can look at how this process occurred to determine if it was overbroad, if the proper steps were taken to safeguard the privacy rights of the defendant, or if there are other violations.
The decision to hire a child pornography lawyer early in the process is important. Early representation allows the attorney to protect the defendant’s rights, provide communications with law enforcement, and review the investigation for potential legal issues.
A seasoned criminal defense attorney in Pennsylvania understands how to evaluate the lawfulness of evidence acquisition for potential suppression, along with assessing the prosecution’s case strength while determining optimal strategies for safeguarding the defendant’s rights and freedom.
Western Pennsylvania law enforcement agencies use cybercrime task forces, internet service provider reports, and referrals from the National Center for Missing & Exploited Children. Officers and detectives monitor known file signatures, online platforms, and peer-to-peer networks. When illegal activity involves crossing state lines or distribution to a large number of individuals, federal agencies often partner with local departments.
Digital evidence can include but is not limited to downloaded or shared files, device metadata, browsing histories, cloud storage accounts, and messaging app data. Timestamps, file hashes, and account login credentials can also be considered digital evidence. Law enforcement in child pornography cases can demonstrate criminal knowledge or intent through indirect evidence such as recorded search patterns and device activity timestamps.
Yes, deleting files is not the same as deleting evidence. Using forensic tools or cloud backups, investigators can usually recover data or information deleted by the user. Internet service provider records and application logs might contain copies of evidence that investigators can use together with shared file histories. In many instances, evidence is retained long before the suspect is aware of the investigation.
IP addresses associated with the downloading or uploading of illegal content may be identified by Internet Service Providers. With probable cause, an investigative team may then search the subscriber records and receive a search warrant to search the actual device. In many cases, these investigations are done with local police in conjunction with federal agencies.
Being charged with child pornography is a serious offense that can drastically affect your life, future, and reputation. Amy B. Levenson Jones PLLC dba Levenson Law Firm can help you fight for your future. Contact us today to get started.