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Police searched my home looking for illegal pornography what are my rights under CA search and seizure law

Asked over 3 years ago - Riverside, CA
Civil Rights

Dear Sir or Madam,

I had my home searched with a warrant by sheriffs department because of a U.S.P.S. package of alleged illegal pornography that was delivered to my home. My computer, financial information, and data storage items were taken. Nothing at this time has been found and I would like closure on this issue. Do you have someone I could hire to proceed with my situation in this long drawn out process? I want to pressure the D.A. and the U.S.P.S. in proceeding or dropping this investigation. I’ve been told there has not been found any illegal material thus far on the laptop they took. I have called the inspector many times with no specific dates of completion of this 9 month investigation.

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Attorney answers (4)

Reputation Level 12
Answered over 3 years ago. Criminal Defense Attorney in Waukesha, WI.
Obviously you should find local counsel - specifically I would want to speak to someone who does federal criminal defense. There are huge mandatory minimum sentences that Congress has created for certain child pornography and child enticement offenses. A child enticement charge, for example, carries a 10 year mandatory minimum prison sentence. I echo the advice of the other response - do not contact the authorities without counsel.
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Reputation Level 15
Answered over 3 years ago. Violent Crime Lawyer in Santa Monica, CA.
You must speak to an experienced criminal defense attorney who practices in the Central District of California and is familiar with the federal and county law enforcement agencies and prosecutors who could potentially be involved. Receipt of Child Pornography is a federal and/or state offense and could result in a mandatory prison sentence.

Your contacts made without representation to the various authorities you have mentioned may be subjecting you to risk of prosecution. Only an experienced criminal defense attorney should make contact with these entities on your behalf.
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Reputation Level 13
Answered over 3 years ago. Personal Injury Lawyer in Fresno, CA.
If the police didn't believe that they had something, this would likely be over by now. They are probably simply continuing their investigation in order to bolster their case. When you speak to the police, youare only providing them with an additional opportunity to gather further evidence against you. Each of the prior attorneys posting on your question has advised that you get an attorney immediately and stop talking. I agree whole heartedly.
David C. Beyersdorf
Lee & Beyersdorf, Llp
2110 North Winery Avenue, Suite #101
Fresno, CA 93703
(559) 252-7000
WWW.FRESNOLEGAL.NET
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Reputation Level 10
Answered over 3 years ago. Criminal Defense Attorney in Brunswick, GA.
You need to seek out an experienced criminal defense attorney in your area as soon as possible.

All contact with the USPS, the District Attorney and the Sheriff's department must be made through counsel. Anything you have said or communicated can be used against you in court. DO NOT CONTACT THEM AGAIN WITHOUT COUNSEL.

If anything illegal is found on your computer and if it was received over the internet - it could subject you to Federal prosecution in addition to any California charges that might be pending upon completion of the investigation.

Tell your attorney everything you know about the investigation and he/she should be able to find out what is going on. Hopefully it is all a mistake. However, if it is not and California and/or the Federal Government decide to return indictments against you - you will be far ahead of the game and in a better position to defend your case with a criminal defense attorney retained and familiar with the initial facts surrounding the investigation.
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