Why Challenging the Search Warrant Is Often the First Real Defense in a Sexual Exploitation Case

If you are facing child pornography charges in Georgia, the case almost certainly began with first a cyber tip, a subpoena to your Electronic Service Provider (ESP), and then a search warrant to seize and search your devices. Our analysis typically begins with a review of what happened prior to law enforcement acquiring the search warrant. A successful challenge to a search warrant is strong footing at the beginning of the case.

Being falsely accused of possessing contraband pornography is one of the worst crimes to be falsely accused. We work vigorously to ensure that law enforcement is following proper procedures to ensure no one is falsely accused.

How The Investigation Begins

Many internet child pornography investigations begin with Internet Crimes Against Children (ICAC) center, using automated detection software that scans peer-to-peer networks. Once the software flags an IP address, the referral is often handed down to a local police department to finish the case. This includes identifying the media, securing search warrants, and making an arrest. Officers may use tules like eMule, Ares, Torrential Downpour Receptor, or BitTorrent to scan for known hash values being traded online.

Common Issues in Search Warrants:

• An officer who doesn’t understand the technology she is using;
• An officer who uses the same canned probable cause statements in warrant affidavits over and over;
• Officers who don’t verify file contents once recognizing a hash match;
• Officers omit exculpatory information like file names, file volume, or timing in their warrant applications.

How to Challenge the Warrants

Warrants in these cases must be scrutinized with precision. Oftentimes, additional discovery is required before a proper challenge to the search warrant may be filed. We may need:

• User guides for the software;
• IP logs for ICAC officers who are running Peer 2 Peer networks hunting for known hash values (a large percentage of P2P cases begin out of jurisdiction);
• Data Feed File from NMEC;
• NCMEC download package report;
• ICAC Cyber Tip report

Working with Consultants

It is imperative that lawyers handling these cases have relationships with forensic experts to call on for complicated forensic cases. Testing this kind of warrant in P2P cases requires intimate familiarity with the online detection systems law enforcement actually uses — tools like Roundup Ares, Torrential Downpour Receptor, Roundup eMule, and eD2k — and with how their reports are generated, logged, and (too often) mischaracterized in a sworn affidavit.

Even in cases beginning with cyber tips from ESPs, a technical analysis of the hash matches, timing of the ICAC and NCMEC activity, and whether media has been moderated can be exceptionally important to protect against false allegations.

Many people charged with sexual exploitation never know any of this exists. Most local officers who sign the warrants don’t fully understand the software either. That gap is exactly where a real defense begins.

Facing a Charge Like This in Georgia?

If you are under investigation or have been charged with sexual exploitations, child pornography, or another internet-related offense, the warrant that started your case deserves hard scrutiny.

At J. Ryan Brown Law, we work take these cases apart from the ground up. Oftentimes, we will call on experts like the folks at garrettdiscovery.com Call or text us at (470) 635-1725 for a confidential consultation.

This article reflects my professional experience and is offered as general legal information, not legal advice. It does not create an attorney-client relationship. Every case is different; if you are facing an investigation or charges, speak with a qualified Georgia criminal defense attorney about your specific situation.