Search, Seizure, No Arrest or Charges

Hi, my name is Chris, I live in Toledo, OH. Many of you may have heard about the stuff going on here with the cable company, the FBI, etc. Well, we can say I was involved in that. I am a minor, but will be turning 18 in a few months. What happened in a nutshell, was the police came to my door, with a search warrant in hand, and asked my permission to come in. I of course said yes, because I knew they legally had the right to come in whether I gave permission or not, because of the warrant. So I let them in, and they proceeded to take a seat and explain to me what was going on. They informed me that they knew I was uncapping my cable modem to get higher speeds. I did not deny this, because I knew that they had sufficent proof, and if they didn't already, they would after they seized my computers. They informed me that I was not under arrest, but that they had a search warrant, and they were going to execute it. They were going to make me sign some kind of a waiver, and I said I wanted to call my parents before I signed anything, and although they didn't have to, they agreed. So I called my parents, they arrived, the police explained the situation to them, and then they asked me some questions before they started the search. I fully cooperated. They wanted to know how I did what I did, and I showed them how it was done, even educating the "out-of-city" task force detective that works with the FBI; (the FBI issued the warrant, local police executed it). I am fully aware that the cops are allowed to lie in order to get information they need, but these detectives were acutally really nice and straightforward, complete opposite of what I expected. So I showed them how it was done, what software, and methods were involved, and they seized my computer, and my laptop, which both had some files on them that were involved with the uncapping, and they also took my cable modem, preventing me from accessing the internet. They then explained to me that since I am a minor, and I cooperated, that I would probably get a deal, consisting of only one count of telecommunications fraud, and maybe some probation. Also, they didn't take alot of stuff that they could have, and probably overlooked alot of other stuff they found in the process that is clearly illegal. They left me with a copy of the warrant, and a list of items that were seized. My questions are as follows:

Was everything about this situation legal?

Did me talking to them do more harm then good?

No arrests were made, and no charges have been filed, but they plan on doing so, how long can they keep the seized equipment, without filing any charges?

Am I right in saying that if they don't file any charges, that they no longer have the right to keep my equipment as "evidence"?

Also, what other general information can you give me? What would you do in this situation?

I would like to make it clear that I am not denying anything that i'm being accused of, I know what I did was wrong, and that I shouldn't have done it. But instead, I am attacking the way they handled the situation in general, and questioning the legality, while showing the ISP how easily the problem could've been avoided in the first place.

Thanks!

[TYRIS]

Chris-

from what you've stated, what the police did was legal. whether talking to the police helps or hinders you depends on the cops your dealing with. if i deal with a suspect and he is cooperative and straight forward with me (which is rare) then i play it straight with him.

the first thing i would do in your situation is contact an attorney. if they offer you a plea bargain, you may want to take it, but if you have an attorney, he'll tell you if its a good deal or a bad one.

if your found guilty, kiss your computers good bye. if the D.A. decides not to press charges, then you should be able to get your equipment back.

good luck

TYRIS

How long can they keep my equipment without filing charges? What if they never decide to file charges? When should I begin to persue getting my computers back?

[racer72]

The police can hold the evidence for one year. And it could take the same amount of time before charges are filed. An expert of some type will probably go through your computer with a fine tooth comb gathering the evidence needed to prosecute you. Don't be in any hurry, when you are charged it will probably include banning you from using computers till your next court hearing or trial.

They can hold evidence for one year even if the charges haven't been filed? And why would I be banned from using computers until my next court appearance? It's not like I can keep doing it if they took my cable modem. What is likely to happen if I have a lawyer? Also, I work at an IT consulting company, they can't expect me to get them their money, or keep my job for that matter if I can't touch computers.

question:

why would uncapping the speed on cable be Illegal?

unless you pay for a certain speed, more speed more $$$ per month, like dsl.

Same thing I said... but it is. Now they wanna get me for telecommunications fraud, because supposedly I "stole" service even tough I was paying the bill, they just think it's stealing because I got more than what I paid for, but they only have one rate plan. I thought this was just a violation of the Terms of Service.

Also, something I forgot to ask. What is the likelihood of them putting me on trial as an adult if they ever get around to filing charges? I am 17 now, going on 18 in September, if I am tried as an adult, I could be facing time; (1 - 5 years for telecommunications fraud I believe). I think this is unlikely, and the detectives said the same, but how correct are we? Would they bother taking a crime like this so seriously?

You KNOW the worst thing they want is publicity...

So demand a trial by jury, talk to the newspapers, get the word out....

and they will drop everything just to shut you up.


Analogee: What if you went to Mc Doanlds and with a value pack you get a medium 12oz soda with the meal, but the cups were at the soda machine and you have to fill it up for yourself.....BUT the only size cups were the JUMBO 32oz. cups...is that stealing too?

Apparently it depends on who you ask