Sex-related offenses involving children are often aggressively prosecuted in Pennsylvania. Defendants, however, are entitled to the most aggressive and experienced support available. In many situations, this type of assistance is crucial toward a positive outcome when internet sex crime charges have been filed.
One of the things a defense attorney can do for a client is investigate all the details concerning the actions of law enforcement agents, any searches or seizures that may have taken place, as well as the direct process of the arrest itself. In the past, many attorneys have determined that investigating and/or arresting officers failed to act according to strictly prescribed protocols, thus possibly violating the personal rights of the accused. In a recent situation, a man who has already been incarcerated for sexual assault claims that officers searched his cell phone without first obtaining the required warrant.
The 43-year-old requested relief from his ongoing sentence, but the appellate court ruled against him. The court stated the officers did have the proper warrant when they accessed the man's phone and found incriminating photographs. The man's arrest came after an undercover operation in which an officer posed as a one of the man's female victims.
It is definitely not the first time police have searched someone's personal cell phone when investigating an alleged internet sex crime situation in Pennsylvania. Any person charged with a crime who believes investigators have acted inappropriately according to the law may pursue the matter further by requesting assistance from a criminal defense attorney. This is typically the first step toward challenging any proffered evidence connected to a particular incident.
Source: fox43.com, "Pennsylvania Superior Court rules against sex offender receiving sentence-relief", Cale Ahearn, Sept. 27, 2016