Somebody's Use of Your Internet Access to View Illegal Materials
My question involves criminal law for the state of: California
Hi I just found out today that someone was using our router to watch child p***. My question is would that be in my criminal history? They searched my computer and founder nothing. If I ever go to court would that show in my record? I'm not really going to court,I just wanna if I ever go to court would they ever see that in my record? I was not arrested nor took finger prints. Also if I ever apply to a job would they see the record?
Re: Somebody's Use of Your Internet Access to View Illegal Materials
If you weren't arrested or charged, then you have no criminal record. The results of a search that yielded no evidence of criminal activity shouldn't show up in background checks, although for good measure you should talk to a lawyer about what information on you they might be keeping and compelling them to delete it; there's no reason they should be keeping your private data and if they still have your computer, you'll presumably be wanting it back.
If you do see a lawyer (many offer free consultations) you should ask about getting the warrant voided and suing for civil rights violations; most people on this forum will tell you that you'd simply don't have a case, but I won a case that most people on this forum would have probably told me I didn't have. The lawyer would be equipped to determine whether you have a case. Assuming, of course, that your computer was searched with a warrant; if you consented to the search, then you probably don't have a case.
And for your own sake, lock your wifi. It'll save you a lot of trouble in the future.
Re: Somebody's Use of Your Internet Access to View Illegal Materials
Thanks but what I'm saying is if I ever got charged with child pornography case again would court documents know about the search?(They didn't take my computer actually they somehow used their own equipments to search it.) how would i know if I have been charged? All I saw was there was a warrant to search the computer
Re: Somebody's Use of Your Internet Access to View Illegal Materials
Criminal charges don't come out of nowhere - the police agency that investigates an alleged crime forwards a report to the prosecutor who reviews the case to see if they can establish probable cause that a crime was committed and that the suspect was the person who committed the crime. I would expect that the police agency that conducted the search would either be the agency that obtained the warrant or, if a different agency, would find out at some point in its investigation that the search occurred. You would know that you're charged when you receive a court notice indicating that you've been charged, when you're picked up on a warrant, or when it otherwise comes to your attention.
Re: Somebody's Use of Your Internet Access to View Illegal Materials
So if I ever go again on trial the court would know about it?
Re: Somebody's Use of Your Internet Access to View Illegal Materials
the IP addresses would be available in your router logs. If your computer was not used to access the porn sites, there would be no record on your computer of the IP addresses.