What do I do if the Police Hand me a Child Pornography Search Warrant?
It is an impossible circumstance. All of a sudden, you have a half a dozen squad cars and unmarked police cars converge on your house and start pounding on your door with a search warrant looking for child pornography. Just one officer? Of course not. There is a crowd and they are coming in, like it or not. How can you feel anything but scared, overwhelmed, numb? What do you do now? If you are facing serious criminal charges in Minnesota involving a search warrant for child pornography, it is important to know your rights, your next steps and the exposure you may face. Make sure that you consult with an experienced Minnesota child pornography defense attorney.
“The police are at your door and are trying to be overwhelming. They want you scared. They want you numb. They want you overwhelmed. However, what they really want are your admissions.”
If the Police Hand You a Search Warrant for Child Pornography, What do You do?
These kinds of investigations frequently start when a platform like Snapchat, Facebook or Grinder contact the National Center for Missing and Exploited Children (NCMEC) regarding dissemination of photos or videos of alleged child pornography. NCMEC then reaches out to the Minnesota Bureau of Criminal Apprehension (BCA) who starts aggressively investigating the case.
Once a group of officers is tasked with pounding on a door with a search warrant for child pornography in Minnesota, they are on a mission. The question is, what do you do? What do you say? How do you act?
If the police hand you a search warrant, here are the steps you should take:
STAY CALM. Make sure you breath and try to relax. This will be challenging but do your best. Be polite.
FOLLOW POLICE COMMANDS. Focus on what the officers are telling you and do what they say.
Ask for a copy of the warrant as well as a list of anything that the police take. They are obligated to leave copies of both.
Sit down and read the warrant: Make sure the information is accurate and clarifies why they are there and what they can seize.
DO NOT SPEAK TO THE POLICE ABOUT THE SEARCH, WHAT THEY FIND OR WHY YOU ARE BEING ARRESTED.
SAY, “I WANT MY LAWYER PRESENT BEFORE I WILL TALK ABOUT THE CASE.”
Documenting the search: Make sure you take notes, the number of officers, their behavior, what they say, what they do. If you can take pictures or video, do it. Remember, don’t get in the way of the officers doing their job. These may be helpful later in the case.
As mentioned above, cooperate. They may be rude, unfair, threatening or more. This doesn’t matter. Just cooperate and take mental notes of what happened. A lack of cooperation could result in additional criminal charges.
Scope of the Search: A Search warrant for child pornography has limits. That being said, if the police overreach, while the search is taking place is not the time to argue that point. We can discuss that further. Also, remember something called the plain view. This can open up a can of worms.
Make sure you contact an experienced Minnesota sex crimes and child pornography defense attorney. There may be ways to challenge the search warrant, what they find and what comes next. An experienced sex crimes attorney may help.
Child pornography cases can be extraordinarily complex. Evidence may come from many different directions. A search warrant is an important piece but there are also other pieces that may matter more. Frankly, one the reasons for the overwhelming show of force is to intimidate you into admitting your involvement. They want you to “belly up.” Instead, remember to do your best to try and relax and ask for an attorney immediately.
“Frankly, one the reasons for the overwhelming show of force is to intimidate you into admitting your involvement. They want you to “belly up.”
If you are facing possible child pornography investigation or your are already facing charges here in Minnesota, knowing what to do first second and third is important. First, ask for an attorney, second, remain silent regarding the case and third, follow the police commands and what what they are doing. Finally, contact an experienced Minnesota child pornography attorney as soon as possible. If they are a Board Certified Criminal Law Specialist, even better.
Jack Rice is a former prosecutor, former CIA Officer and a Board Certified Criminal Defense Attorney. He is also a nationally known sex crimes attorney and the Founder of Jack Rice Defense, a boutique criminal defense firm based in St. Paul, Minnesota. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When your life in on the line . . . Jack Rice Defense.