Orlando Internet Sex Crimes Lawyer

An Orlando internet sex crimes lawyer can use procedural and substantive defenses in these situations.

Procedural defenses usually involve the Fourth Amendment’s warrant requirement. Under current law, police officers must have search warrants before they eavesdrop on people electronically. They must also have search warrants before they look at a smartphone’s contents. These warrants must be based on probable cause, and prosecutors cannot work backwards. They cannot argue that since they found what they were looking for, the warrant must have been valid.

Fifth Amendment protections come up a lot as well. The right to remain silent goes beyond verbal silence. It also extends to physical silence. Defendants need not pose for pictures, appear in lineups, or do anything else. Furthermore, officers must inform defendants of their Constitutional rights very early in the arrest process.

Substantively, the entrapment defense sometimes applies. But it’s not as broad as many people think it is.

Entrapment applies if officers induce a defendant to commit a crime that s/he has no predisposition to commit. Officers can say or do pretty much anything to entice a defendant to commit a crime. They can even lie, although lies obviously affect their credibility as witnesses. However, they cannot do anything illegal themselves. As for no predisposition, if Tony is in a sex chat room, he has some predisposition, albeit very little, to commit a sex crime.