Wrongly Accused of Pocessing a Stolen iPad

My question involves criminal law for the state of: Texas

A school district police officer came to our house and said that a stolen iPad reported an IP address, and after sending a subpoena to the Internet Service Provider he got our address. My wife who used to work at that school district, told him that she had an iPad from the school last year, but she returned it when she resigned. The officer told her that he will investigate further, but few hours later he sent her an email stating that her statement was not convincing, and asked her to return the iPad and no question will be asked.

Me and my wife were both shocked, we have only one iPad at home that we have bought from Best Buy, and we have no idea how our IP address was reported by a stolen device that we never ever saw.

My understanding is that an IP address cannot represent a person, same as someone who pay a phone bill does not prove that he made a particular phone call, and many copyright infringement lawsuit were dismissed because the sole proof that was brought to court is an IP address (Malibu Media, LLC V. John Doe).

I wonder if I should solicit the service of a criminal law lawyer that has experience in internet crime, or if I should let the officer continue digging but never talk to him again unless formally accused?

Any advise would help :(

An IP address isn't a person but it gives people a place to look furhter. Note that you're facing CRIMINAL prosecution and not a civil action such as in Malibu. The IP address, while not enough to convict, is probably enough to get a warrant (along with the fact that your wife did indeed have access to the device prior). However, most likely the cops are fishing for an easy admission. I'd almost bet that they don't actually have any such evidence and if they'd subpoena'd the ISP you'd have heard about it from them BEFORE the information was disclosed to them. If you don't have the unit, state so but otherwise refuse to futher communicate with them. If they escalate it to the point of filing charges or a search warrant or arrest, then you will definitely need an attorney.

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Quoting flyingron

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However, most likely the cops are fishing for an easy admission.

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That is quite possible, but... if they did in fact connect the iPad to a current IP address, their circumstantial case is quite compelling -- an iPad went missing from the school where the employee worked, and was later used from the IP address where your the employee presently resides.

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Quoting strykerdelta

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I wonder if I should solicit the service of a criminal law lawyer that has experience in internet crime, or if I should let the officer continue digging but never talk to him again unless formally accused?

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Fundamentally, as your wife is the one being accused, that's a decision she needs to make.

The law enforcement can make a request with a Doe Subpoena, and specifically ask the ISP not to notify me in order to avoid jeopardizing their investigation.
https://help.twcable.com/lawful-requ...uidelines.html
The burden of proof in a Criminal case has to be beyond a reasonable doubt, while in civil case it’s possible to go to trial with just a presumption. In the Malibu case the sole thing that the plaintiff had against the defendant was his IP address, which the judge deemed as not enough to identify the person who made the illegal download, and eventually dismissed the case.
I recall the officer saying that the iPad reported the IP address on April 7 at 8:32AM. I can prove to the court that me, my wife and my 5yo son were not physically present at home at that moment, and that for the iPad to connect to the internet someone has to turn it on.
Also, I can dispute the method that was used to collect the IP address, and ask for an independent verification of the data that the officer used to order the subpoena. A human or machine error could have change 4/7/2015 into 4/7/2016 which would nullify the evidence instantly.

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Quoting Mr. Knowitall

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That is quite possible, but... if they did in fact connect the iPad to a current IP address, their circumstantial case is quite compelling -- an iPad went missing from the school where the employee worked, and was later used from the IP address where your the employee presently resides.

Fundamentally, as your wife is the one being accused, that's a decision she needs to make.

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As I have stated, my wife RESIGNED from the school district in June LAST YEAR. She had to return the iPad and get a sign off from the school tech. My suspicion is that the tracking software kept her IP address, and reported it when the real thief turned the iPad on and connected it to the internet.

So you know better than the people who advise you here (including Mr. K who is a lawyer). I therefore suggest your wife go pro se with your fine understanding of the law. Tell her to pack her toothbrush.

It doesn't sound like you're too worried about this, but good luck citing a civil copyright infringement case as your defense, pro-se.

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Quoting flyingron

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So you know better than the people who advise you here (including Mr. K who is a lawyer). I therefore suggest your wife go pro se with your fine understanding of the law. Tell her to pack her toothbrush.

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I think that both you and Mr K are misreading what the OP wrote. The wife left the school district a year ago. There was no indication in the thread that the theft was not a current one. In fact, I would be realized surprised to see even a school district officer investigating a year old theft of an Ipod.

I'm not misreading anything. I know she left a year ago. Presuming that I'm willing to believe the poster (other than his snarky responses and his claims about how Malibu somehow appilies here and that there are secret internet subpoenas that some school system flatfoot would bother to get just so he can then immediately call up the subscriber and threaten them defies logic), then it's not possible that the iPAD was used at this address. This would tend to believe that they likely can't find the iPad now and they looked up who was last known to have it and are fishing.

Again, no matter whether you like YOUR version of the story or Mr. K's or mine or whatever conspiracy theory the original poster now has the advice is the same:

1. Decline to speak to the police other than to state when and how the unit was returned, otherwise refuse to speak without counsel.
2. If arrested or charged, obtain counsel before doing anything further.

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Quoting strykerdelta

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As I have stated, my wife RESIGNED from the school district in June LAST YEAR. She had to return the iPad and get a sign off from the school tech. My suspicion is that the tracking software kept her IP address, and reported it when the real thief turned the iPad on and connected it to the internet.

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That's not how computers work.

Seriously -- either it's a bluff, or the iPad was used from your current address.

Besides, if this is an iPad, they likely don't even need IP addresses. Every institutional use I know of has geoposition enabled. They'd have the lat long of your house on record and the time it was last turned on there.