My question involves criminal law for the state of: Pennsylvania
Recently police entered my home with a warrant to search and seize any evidence of a specific illegal activity streamed to a chat site. The warrant stated that the site reported that the stream originated from my IP address.This activity did not occur at my house. Consequently, there was no physical evidence linking any of us to the alleged crime. In other words, there are no individuals or accessories at my home (nor had there been) that were visible on the screen shots provided by the site to police. They seized all of the computers and storage devices in the house.
There is no open wifi at my home. I have learned that this particular site is notorious for IP spoofing and other hacking, which is the only possible explanation I can think of. I believe that this fact renders the probable cause in the warrant to be significantly diminished. In view of this, can I get the search warrant voided and demand the immediate return of my equipment?
Additionally, if the website is aware of this vulnerability are they being willfully negligent or are they in anyway liable for the disruption of our lives? Is this actionable?
Recently police entered my home with a warrant to search and seize any evidence of a specific illegal activity streamed to a chat site. The warrant stated that the site reported that the stream originated from my IP address.This activity did not occur at my house. Consequently, there was no physical evidence linking any of us to the alleged crime. In other words, there are no individuals or accessories at my home (nor had there been) that were visible on the screen shots provided by the site to police. They seized all of the computers and storage devices in the house.
There is no open wifi at my home. I have learned that this particular site is notorious for IP spoofing and other hacking, which is the only possible explanation I can think of. I believe that this fact renders the probable cause in the warrant to be significantly diminished. In view of this, can I get the search warrant voided and demand the immediate return of my equipment?
Additionally, if the website is aware of this vulnerability are they being willfully negligent or are they in anyway liable for the disruption of our lives? Is this actionable?
Search and Seizure: How Can I Challenge Probable Cause in a Search and Seizure
Aucun commentaire:
Enregistrer un commentaire