What Are Your Rights During a Digital Device Search in a Florida Child Pornography Case?

When you’re being investigated for a child pornography-related crime, law enforcement often focuses heavily on your digital devices. Investigators know that phones, computers, tablets, and external drives can help them build their case. However, even during a child pornography investigation, defendants still have important constitutional rights. Understanding these rights can help you protect yourself and avoid costly mistakes.

Below is a look at some of the rights you have during a digital device search in a Florida child pornography case.

Your Devices Can’t Be Searched Without a Valid Warrant

In most cases, both the Fourth Amendment and Florida law require law enforcement to obtain a valid search warrant before they can look at the content of your phone, computer, or other digital device. This means that the police generally need;

• Probable cause
• A judge’s approval
• A signed warrant clearly stating what they plan to search

In a child pornography case, law enforcement generally needs to present a judge with objective, factual evidence that a reasonable person would believe that illegally made or downloaded images may exist on a specific device or within a particular account.

Without a valid warrant, law enforcement cannot just browse through your devices or accounts. This principle was upheld by the U.S. Supreme Court in Riley v. California, which mandates warrants for phone searches except in rare, urgent circumstances.

You Have the Right To Refuse Consent

Among the most important rights you have is the right to say no if the police request permission to search your computer or phone. Some people mistakenly assume that if the police ask, “Can we access your phone?” or “Do you mind if we take a look?” they have to give consent. This is not true. It is your right to decline such requests. And contrary to what some people believe, refusing consent does not make you look guilty.

If you refuse to consent and the police proceed to search your computer or phone, you should speak with a qualified defense attorney immediately.

You Are Not Required To Unlock Your Phone

If law enforcement asks you for your password, passcode, fingerprint, Face ID, or encryption key, you are not under any legal obligation to provide this information. The Fifth Amendment protects you from self-incrimination, including by giving you the right to refuse to provide access to encrypted data.

While law enforcement might try to access your device in other ways, you don’t have to help them.

You Have the Right To Consult a Lawyer

Before answering any questions investigators might have, you have the right to speak to an attorney. It is in your best interest to exercise this right. Your words and actions during an arrest by law enforcement can be used against you later, and even if you believe you have nothing to hide, it’s easy to say something that creates problems later. You have the right to decline to answer questions until your attorney arrives.

Digital evidence can be crucial in a Florida child pornography case. Even things like malware can lead to serious charges. Given the high stakes involved in a child pornography case, it is crucial to protect your rights from the beginning.

Contact an Orlando Sex Crime Lawyer

If you’re being accused of a child pornography-related offense, our Orlando Sex crime lawyer at Joshi Law Firm, PA can examine the warrant, challenge an improper search, review digital forensic reports, and determine whether law enforcement exceeded their legal authority.

Source:

law.cornell.edu/supct/cert/13-132