How long for a warrant?

[Rorschach1987]

Question from Colorado.

I recently discovered that someone I know has been viewing child pornography since he was sixteen(He is now twenty three). In his current email box, he has two emails, each linking to three different child pornography websites) I managed to get ahold of these emails and emailed them to my local police force, an anonymous cyber-tip line, and also contacted Comcast and spoke to someone directly about the emails. Each site listed is clearly and unmistakably child pornography(clearly underage, nude and in sexual positions). I also have a written confession that he sent me, via a social networking site. I did all of this exactly one week ago. I was curious as to how long it takes to obtain a search warrant. I have heard mixed things anywhere from weeks to instantaniously. Is this information even enough for a search warrant?

 

[CdwJava]

I see a whole lot of problems with getting a search warrant here.

First, YOU e-mailed these links to the police so YOU also have acces to the same information he does! Should they also serve a warrant on you?

A judge will likely ask where the info came from ... "well, it came from some guy who sent us a copy of e-mails from the suspect's computer." The next question from the judge will be, "How do we know this?"

The police will have to establish your bona fides as a reliable, confidential informant rather than a disgruntled co-conspirator. That may not be possible. That would require the police to somehow confirm your information before a judge would sign off on any such search warrant.

Of course, there is the possibility that you hacked your friend's account to get those e-mails, and depending on the laws of your state this could render that information entirely useless.

And a confession from a social networking site? Those are notoriously unreliable (legally) as they are hacked with some ease.

Now, it could be that they are monitoring his activity via some other method ... maybe they are investigating more ... maybe they forwarded it to a high tech crimes task force o the FBI ... bottom line is they aren't going to tell YOU when they are taking action or IF they are taking action.

- Carl

 

[tranquility]

Here is an example of those who think, versus those who know. *I* think there is enough for a warrant, but, if Carl thinks not, then *NO*.

Please, like the vast majority of the list, we HATE child abuse and the use of child pornography and those who futher it. Period. End of sentence.

It is one of the most repugnant things people do. I'm going out on a limb here for a moment and saying that if Carl thinks there are problems in such a warrant, then the problems with the warrant are so profound so as to make it impossible to enforce without a risk of civil liability of the police.

End result is that the police are aware of the claims. No cop will let such things lie without knowledge or experience of the reality of the matter. Let things develop.

Sometimes, Carl is the MAN! If *he* isn't outraged, no one shoud be outraged.

 

[CdwJava]

If true, the cops WILL be interested. The problem here is getting the warrant. Unless the police can corroborate some of this information, it is just too iffy to show that there is illegal porn on the suspect's computer. The e-mail from the OP shows that the OP is in possession, but does not prove that the suspect is in possession of the link. And neither shows that there are unlawful images in the possession of the suspect ... but, if the OP has visited the sites, HE likely has evidence on HIS computer. I see stronger probable cause for a warrant on the OP than the suspect at this point.

A LINK is not likely to be unlawful - heck, you could e-mail that link to me and it might sit in my spam folder until I click on it or it is deleted. All because it is on my e-mail does not mean I have ever visited that site or perused the images upon it. If so, it would be the evidence of those images that would be proof of guilt, not the link.

I can pretty much guarantee that the cops are looking into it or have passed it on to an agency or group that CAN look in to it. But, I just don't see that there is probable cause to believe proof of images exists on the suspect's computer based upon a forwarded e-mail link from a third party. I know that no judge I have ever worked with would sign such a warrant, but it would no be beyond the realm of possibility for a judge to actually sign on to such a warrant for a limited search based upon the premise that the link and any evidence could readily be deleted and erased. While it is possible, I just don't see it as likely.

To answer the OPs original question about how long it takes to get a warrant, it could take a couple hours, or it could take weeks or even months of follow up to get enough. We served two search warrants based upon an arrest last Saturday night which resulted in the discovery of evidence of multiple burglaries. It took us about 6 1/2 hours to write both of them, and another three hours to serve them.

- Carl