Citizens have a legitimate expectation of privacy in their computer files. The police cannot search your computer without a warrant, unless you consent. To obtain a search warrant for your computer, a judge must find that there is probable cause to believe there is evidence of a crime located on your computer. If police obtain a search warrant, they can only search your computer for the things or files authorized in the search warrant.
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The Indiana Court of Appeals has reversed a Tippecanoe County, Indiana man’s conviction for child molesting, because the trial court improperly admitted a forensic video statement of the alleged victim. In child molesting cases, it is routine for police to have the accuser participate in a forensic interview and describe the allegations. The interview is commonly conducted by an investigator from the prosecutor’s office, and is designed to elicit evidence to use in a child molesting prosecution. The accuser’s statements are not made under oath or challenged by cross-examination. With offices in Lafayette and Fort Wayne, Gibson Law Office has defended child molesting charges in multiple counties.
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False child molesting allegations happen. That is a fact. It is also true that when a person is accused of child molesting, there is an overwhelming presumption by police and investigators that the accused person is guilty. Child molesting investigations often begin with a forensic interview of the accusing child. The forensic interviewer is typically someone who works regularly with police, child protective services, and the prosecutor’s office and is predisposed to believe that child molesting occurred.
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