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  1. #1
    Join Date
    Apr 2011
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    2

    Default What Evidence Do Police Need to Get a Search Warrant for a Computer

    My question involves criminal law for the state of: Iowa


    Long story short, my 3 year old daughter told me that she has seen pornography on her biological fathers computer and told her to watch him masturbate. I used to live with this man and I know that if he has porn on his computer that there is underage porn on there. I called the police and told them this. They will not get a warrant to search his computer until my daughter goes to a therapist. They also said that they cant get a warrant until the interview him as well. I know that if he catches wind of this he will delete all the evidence. Is there nothing more I can do?

    He is very VERY smart with computers and I believe that he is able to delete ALL traces of evidence from his computer.

    Are the police doing everything they can or do they have enough to get a warrant?

  2. #2
    Join Date
    Sep 2010
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    19,488

    Default Re: What Evidence Do Police Need to Get a Search Warrant for a Computer

    They need to have sufficient evidence to convince a judge that there is probable cause that a crime has been committed. It would be uncommon that they would have to talk to the subject of a warrant about the crime prior to getting a warrant, but a disgruntled ex may not be credible enough in the judges eyes to issue based on that alone.

  3. #3

    Default Re: What Evidence Do Police Need to Get a Search Warrant for a Computer

    More concerning is that your average 3 year old doesn't know what pornography, adult or otherwise, IS....until an adult dumbs it down to their level (often with repeated, pointed, interrogation with leading questions). THAT is why police aren't going anywhere with it until a trained child psychologist interviews the child and can determine what the child is describing in the child's own words, and not words that, intentional or not, may have been "coached".

  4. #4
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,656

    Default Re: What Evidence Do Police Need to Get a Search Warrant for a Computer

    Be forewarned, a child psychologist will know if your daughter knows/understands what she is saying.

    If found that she doesn't know the things that you told the police, you could be brought up on criminal charges. And if the police were to arrest your ex before they found out that your daughter doesn't comprehend what is going on, you open yourself up to a civil suit from your ex.

    I just find it hard to believe that a 3 year old can comprehend all this.

    I sure hope for your child's sake, I'm right and for your sake, I'm wrong.

  5. #5
    Join Date
    Apr 2011
    Posts
    2

    Default Re: What Evidence Do Police Need to Get a Search Warrant for a Computer

    I hope for her sake this is all a misunderstanding. And I would gladly go to jail for her to make 100% sure that this isn't happening. I am only doing what a worried/ concerned mother would do. I was just giving the short version of her conversation with me. I HOPE to GOD. That this isn't happening to her. But I need to be 100% sure. And if he wants to put me in jail for all of this so be it. I would go to jail 100 times for any of my kids!

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