Texas is one of the toughest states when it comes to sex crimes, especially when it comes to cases involving child pornography. Law enforcement in Texas uses every tool they can to find individuals they suspect of possessing or distributing child porn.
Texas police catch people with child porn by searching for electronic evidence, monitoring online activity, tracing IP addresses, carrying out undercover sting operations, and operating on tips from informants.
Of course, digital evidence isn’t always as accurate as one might think; there are errors, and false accusations do happen due to hacked accounts, misinterpreted data, and false tips.
Given the severity of Texas laws, being wrongly accused of a crime this serious is terrifying. If you find yourself tangled in a situation of this magnitude, you don’t want to wait. Acting fast and involving an experienced Houston child porn defense lawyer from Scheiner Law Group is the best first step.
Identifying Child Porn Suspects in Texas
Did you know that even if you delete your search history, police could access it? This is just an example of the digital trail we leave of our digital behavior, and that’s one of the sources law enforcement uses when investigating someone suspected of consuming or sharing child pornography. It can lead to other, more intrusive steps, but the first one is often about what they do online. Here are some of the ways police identify and examine these cases:
Tracking Activity on Peer-to-Peer (P2P) Networks
Peer-to-peer networks are often used to share illegal files since they don’t go through a central server but rather use a direct connection to make the exchange. Police tend to monitor these networks using specialized software that spots known child porn files. Once someone downloads or uploads this content, the program will flag it, and police can trace the IP address to find who did it.
Undercover Operations in Online Communities
We mentioned earlier that one of the common strategies police use to catch suspects in the act is sting or undercover operations. For this, they pose as minors or individuals interested in illegal content, joining chat rooms, forums, and apps where these materials are dealt out. This is a great scheme since once the suspect engages with an undercover agent, they are caught in the act quickly, and this is used as strong evidence later.
IP Address and Digital Footprint Analysis
Just like in the real world, every time you touch something, you leave a print; it happens online. Everything you do leaves a digital footprint that is later used by investigators to trace illegal downloads and online activity back to your specific device and location.
However, this is not completely accurate and can fail sometimes: your account could be hacked and your IP address used, you could be sharing your network with someone committing a crime without knowing it, or your IP address could be misidentified, just to name some examples, and this could lead to a wrongful accusation.
Reports from Tech Companies and Internet Providers
Social media platforms, cloud storage services, and internet providers are legally obligated to report any suspicious activity found on their networks. If they come across child porn material linked to one of their accounts, they have to notify authorities, which may trigger an investigation.
Forensic Searches of Computers and Phones
If the police have enough reason to suspect you to obtain a search warrant, they can look into your devices like personal computers, phones, tablets, and any others. Investigators use forensic software to recover deleted files, browsing history, and conversations, sometimes uncovering data that you thought was completely erased.
Collaboration with Other Agencies
In cases where the crime involves people from other states or even different countries, police tend to create alliances with other organizations, local, statewide, or federal, to efficiently track down suspects. Sometimes, international organizations also get involved to identify and pursue individuals involved.
Keep in mind that even with the actual highest technology, mistakes can still happen. Digital evidence isn’t as reliable as it seems and can be contaminated easily. That’s why it is crucial to seek help from a legal team that knows about these cases to perfection the second you get accused of any crime involving child porn. Scheiner Law Group can step in to protect your rights.
Legal Obligations to Report Child Porn
In the state of Texas, some professions are legally required to report child pornography if they happen to find any while doing their job. For example, IT technicians may encounter any of these materials during a computer repair. As stated in Chapter 110 of the Texas Business and Commerce Code, these people must notify law enforcement or submit a report to the Cyber Tipline at the National Center for Missing and Exploited Children.
Let’s say a technician found any image that appears to be related to child porn; they would have to create a report including the personal information of the owner or user of the device. If they fail to do so, it wouldn’t just mean a violation of the law. It is actually considered a Class B misdemeanor in the state of Texas, which could end up in criminal charges.
A report like this could immediately start an investigation, and unfortunately, some people get caught up in the middle even if they didn’t knowingly possess illegal content.
The FBI’s Role in Investigations
Federal authorities, mostly the FBI, often get involved in assisting in these types of cases. Especially playing an important role when it comes to putting their resources towards finding and capturing a suspect. They use tools such as the Child Exploitation Notification Program (CENP) to identify people who may be under investigation or at risk of being charged with a crime.
The Privacy Debate: Tech Companies & Law Enforcement
As mentioned before, some tech companies are required to report to authorities if they stumble upon any illegal materials, which has raised the concern of whether our privacy is real or whether we are under constant surveillance, becoming a whole moral debate. For instance, Apple’s 2021 proposal to scan iCloud for CSAM (child sexual abuse material), aiming to help authorities fight this crime, got an enormous backlash from the public, which ended up reversing the decision.
While these laws and policies are created to protect minors from abuse and fight child exploitation, they can also lead to wrongful accusations of innocent people, getting them into terrible legal trouble.
Texas Search and Seizure Laws
In order to have your rights taken into consideration, Texas laws are very strict when describing what police can and cannot do with your devices. Generally, authorities need a valid search warrant to look through your personal devices. However, in some specific situations, this may not be necessary, so understand your rights in case you ever have to go through something like this.
When Can Police Search Your Computer?
- If You Agree – If law enforcement asks to search your computer and you say yes, they can move forward without a warrant. Even something simple like “I have nothing to hide” could be seen as giving them permission. That’s why it’s important to politely refuse and ask for legal advice before agreeing to anything.
- Probable Cause – If police have a good reason to believe that something illegal is happening and can see evidence in plain view, they might not need a warrant. For example, if a police officer is at your home for another reason and sees something illegal on your computer screen, they might have the grounds to search it.
- Emergency Situations – Sometimes, police can search your devices without a warrant if they believe there’s an urgent need to prevent the destruction of evidence. But this doesn’t mean they can search just anytime—they need to meet specific legal standards. If you think the evidence was gathered illegally, that’s something to challenge with the help of a lawyer.
If you believe your rights were violated in a search, it’s important to reach out to an attorney right away so they can review your case and protect your interests.
Can Police Search Your Phone Without a Warrant?
Just like with computers, the same basic rules apply to smartphones. Under Article I, Section 9 of the Texas Constitution, you have the right to be protected from unlawful searches and seizures. In most cases, police need a search warrant to access the contents of your phone. However, there are exceptions:
- If You Give Permission – If you consent to let the police search your phone, they can do so. But it’s always a good idea to never consent without legal counsel to ensure your rights are fully protected.
- If They Have a Warrant – If law enforcement has obtained a search warrant from a judge, they are legally allowed to search your phone.
- Probable Cause – In some cases, if the police can see something on your phone that looks like it could be evidence of a crime, they may claim they have reason to search it even without a warrant.
Even if something illegal is found on your phone, if the search wasn’t done lawfully, you might have grounds to fight it in court. It’s always worth checking to see if your rights were violated during the search.
What Happens if You Accidentally Open or Receive Illegal Images?
There have been cases where people accidentally receive content, like a text message or email attachment, that they didn’t ask for or even expect to receive. In a situation like this, Texas law doesn’t automatically accuse you of doing something wrong, but you still have to delete the material right away without sharing it with anyone else. The important part here is not to engage with it or save it; just get rid of it immediately.
If law enforcement contacts you about such material, don’t hesitate to seek legal advice. It’s important to handle the situation quickly and correctly to avoid being charged unfairly.
Are Minors Treated Differently?
It is a different situation with minors, and authorities do treat these cases differently, but they are not exempt from child pornography laws in Texas, but under special circumstances. If a minor receives an explicit message from another minor, they are expected to eliminate them immediately as well to avoid any potential legal issues.
Also, if the minors are involved in a dating relationship and are within two years of each other’s age, the law might be more lenient. However, this is still a tricky and rather serious situation, and it could end up with charges in juvenile court if found with explicit content.
Defenses to Illegal Searches
It is important to understand that if police get to search your place or your devices without the right warrant, and they do find something they try to use against you, that evidence might end up being thrown out. This is called ‘exclusion,’ and it can seriously impact your case. But, and this is important, it’s not a guaranteed thing. Every situation is different, and the specifics really matter.
Let’s break it down with an example: Imagine police are called to a home due to a report of domestic violence. Upon arriving, they notice on the computer screen that there appears to be child pornography. The officers proceeded to search the defendant’s phone and found more illegal content. The defendant is arrested on charges related to both domestic violence and child pornography.
In this case, while the police didn’t have a warrant to search the computer, there’s an exception to the rule for items that are in plain sight when the police are legally on the location. Since the officers were already at the house because of the domestic violence call, they could argue that the pornographic image on the screen was in plain sight and could be used as evidence.
However, whether or not that evidence is used will depend on more specific details, such as whether the police knew the image involved a minor.
Now, when it comes to searching a cell phone, the law is different. Under the Riley v. California ruling, police are required to have a warrant before they can search your phone. This is important because if the police didn’t get a warrant to search the phone in this case, then the search could be considered illegal, and any evidence found on the phone might not be able to be used in court.
If this happens in your case, it could seriously weaken the prosecution’s argument. This is why it’s so important to speak with a lawyer who can carefully look at the facts and challenge any evidence obtained through improper searches.
At Scheiner Law Group, we’re committed to protecting your rights and helping you fight against illegal searches. We’ll work tirelessly to ensure that you get a fair process and that any evidence that was improperly obtained is excluded from your case.
Top Rated Houston Child Porn Defense Lawyers
At Scheiner Law Group, we fully understand how overwhelming and life-altering facing child pornography charges can be. These charges come with severe consequences, and we’re here to stand by your side every step of the way. Our team is committed to providing personalized, dedicated defense to protect your rights and your future.
We work tirelessly to ensure your case is handled with the care and attention it deserves, and we’ll fight hard to safeguard your interests in this challenging time. If you’re facing these serious charges, don’t hesitate to reach out to Scheiner Law Group for the support, guidance, and experienced representation you need. We’re here to help you navigate this difficult situation with the respect and expertise you deserve.