Sheri’s Sidebar Edition #29  4-19-24

Theme Defending Alleged Possession of Child Sex Abuse Materials (CSAM)

1. More witness unavailability authority.

2. An IP address alone is insufficient to get PC for a warrant! (Sex offenses, peer to peer, dropbox cases)

3. DPA can’t maintain a prosecution of a case without PC. They often argue they can, they just cannot impose CORs or bail. Here is the authority proving them wrong, yet again.

4. How to know if you are dealing with a NCMEC case, and what to do if you are.

5. P2P sharing files – partial files are un-viewable without forensic software, and unusable. That means the State cannot prove knowledge for possession when the client can’t see what they have to know it is CSAM. More help within.