Temporary Roommate Cause Police to Raid our House

[Jester]

I'm sure the local jurisdiction has a felony warrant out for him. So if he gets pulled over for traffic in another state, he could still get busted and extradicted to the original state where the charge was filed.

Oh, no doubt. Just like what happened to my ex. She had to know she was in violation of her probation, and thus had a warrant for her here in Florida, and still did something boneheaded, getting arrested for what looks to have been some minor theft or fraud charge in her home state....but then bells and whistles went off, and she got her dumb ass extradited back to the Keys on her original felony grand larceny (embezzlement) charge. And as this is her second violation of her probation, I am guessing the judge is not going to be looking too kindly on her. If I remember correctly, she is looking at up to five years in prison. All because she couldn't or wouldn't not steal. Dumb bunny.

If I were advising Mr. Sleazebag from the OP, I would advise him to definitely NOT return to the state where the charges were filed. I'd then advise him to keep a low profile wherever he is now, or wherever he goes, and if he's able, to leave the country completely. Even if he stays in the USA, if he stays out of the OP's state, he has a chance, as he may not get arrested again, or if he does, he may get lucky and not have the bells and whistles go off. (It doesn't always happen....people slip through the cracks all the time.)

Of course, he being either a pedophile or at the minimum, someone who enjoys watching pedophiliac material, it seems unlikely he's going to be that smart or that lucky, and will probably do this same shit again. Some people, like my ex the con artist thief, or pedophiles in general, just can't change their nature.

[sstabeler]

oh, small point- it might not help him staying away. If it can be proven that someone fled the state/country to avoid the charges, then the statute of limitations is suspended for the time you are out of the state/country. AKA, if they can prove "friend" is only in another state to escape the kiddie porn charges, then they can still get him.

to be frank, though, I have no sympathy for "friend". An 8 year old? I could understand if the porn was of a 16 or 17 year old, but an 8 year old?

[LillFilly]

oh, small point- it might not help him staying away. If it can be proven that someone fled the state/country to avoid the charges, then the statute of limitations is suspended for the time you are out of the state/country. AKA, if they can prove "friend" is only in another state to escape the kiddie porn charges, then they can still get him.

It was pure coincidence that he was out of state when this happened, as the warrant stated the video was downloaded in August and, originally, they thought they were looking for Roommate 2. All we know is that the state he's in is his home state and that he was visiting friends. Of course, once roommate 1 & 2 told him about what happened, he wouldn't give us his location. I swear if I knew what address he was at I'd go get him myself! If he DOES show up again, I'm handcuffing him to the porch railing and calling the police.

[ADeMartino]

If I were advising Mr. Sleazebag from the OP, I would advise him to definitely NOT return to the state where the charges were filed. I'd then advise him to keep a low profile wherever he is now, or wherever he goes, and if he's able, to leave the country completely. Even if he stays in the USA, if he stays out of the OP's state, he has a chance, as he may not get arrested again, or if he does, he may get lucky and not have the bells and whistles go off. (It doesn't always happen....people slip through the cracks all the time.)

Of course, he being either a pedophile or at the minimum, someone who enjoys watching pedophiliac material, it seems unlikely he's going to be that smart or that lucky, and will probably do this same shit again. Some people, like my ex the con artist thief, or pedophiles in general, just can't change their nature.

He'd better get used to public transportation, then. An active warrant flags him in just about every government computer system. If he tries to register a car, or applies for/renews a driver's license, they'll be on him with a quickness. Applying for a job will be risky at best, as the IRS can and will provide the police with home and work addresses. Bank accounts are probably going to be a bad idea, too, because the IRS does have access to that information.

[MoonCat]

That guy should definitely burn. Things like this are made for a market that is ready, willing and able to buy them. Also, it's probably safe to assume that people who make these things (exploiting kids) are people who used to just watch them, so who knows what this guy may end up doing?

Plus, every time some pervert downloads that video, that child is being exploited AGAIN in the most degrading, humiliating way possible.

[Seshat]

If I were advising Mr. Sleazebag from the OP, I would advise him to definitely NOT return to the state where the charges were filed. I'd then advise him to keep a low profile wherever he is now, or wherever he goes, and if he's able, to leave the country completely.

Many countries have mutual extradition laws, and will not permit someone with a current warrant to enter. Leaving the country probably won't protect him; and the visa application process is a calculated risk: will the computer find the warrant?

[Jester]

He'd better get used to public transportation, then. An active warrant flags him in just about every government computer system. If he tries to register a car, or applies for/renews a driver's license, they'll be on him with a quickness. Applying for a job will be risky at best, as the IRS can and will provide the police with home and work addresses. Bank accounts are probably going to be a bad idea, too, because the IRS does have access to that information.

Generally speaking, the bureaucracy is so big and convoluted that, unless the issuing agency is actively hunting him, such things won't affect him the way you suggest. Using my ex as an example, she had no problem doing any of the things you mentioned, despite having a felony warrant for her arrest in the system. It wasn't until she was arrested in her home state that the hammer came down. And, as loathsome as this guy is, chances are good that the local police will simply put the warrant in the system and wait for Mr. Sleazoid to screw up in some way. Rarely, other than major high profile cases or serial killers, do agencies actively hunt someone down out of their jurisdiction. It's a simple matter of prioritizing resources.

Plus, if someone truly wanted to avoid being found, there are many ways to use another name. It happens all the time. Hell, a few years back, some guy was caught living in Key West who had fled prosecution in Nevada for pedophilia, and was living very openly here, but under an assumed name. He had his own business and was a generally well-liked and well-respected member of the community, as no one here knew about his past. Until, that is, his story hit "America's Most Wanted" and someone here recognized him.

[LillFilly]

Allright, I want to scream and cry now and was in a tough enough state that my boss asked if I wanted to go home.

Well apparently there's not a warrant out for him now; he's just under investigation. He also never filed a change of address form to our place, so we apparently don't have to worry about a tenant/landlord agreement in giving him notice, evicting him, etc. He came with mommy and daddy to get his stuff today, and so has voluntarily moved-out. We changed the locks and will change our wifi setup too.

The icing on the cake though, is that he is pleading not guilty and his lawyer will be arguing that it was someone else using his computer that downloaded the porn; which will be aimed at us 3-roomates, most likely. So I had the joy of lawyering up to ensure I know what I have to do, and letting my job know I may come under investigation. If we are investigated, I will end-up suspended without pay from work until the outcome of the investigation. My lawyer, however, tells me that I may be called into court to testify, but said that unless the police are questioning me (or any of us), interviewed us or asked for our information, we are in the clear as far as that goes. The paperwork shows what date the file was downloaded, but not what time; but it was a day I know we were all at work and ex friend was probably still home because he went to school in the late afternoon-evening. Hopefully we can all prove that we never touched his computer. I can't believe that this a*swipe is thinking so much of saving his own skin that he would try and ruin our lives too.

[ADeMartino]

Pretty shoddy investigation. Every file on a computer's hard disk has a date and time stamp. They should be able to pinpoint TO THE SECOND when the file was downloaded. The browser history should also show time and date, PLUS the website it was downloaded FROM. And if the history's been wiped, the techies in the crime lab should be able to recover the data.

I hope they fucking ROAST this bastard. He deserves no sympathy, no mercy at all. He's worse than a pedophile; he's someone who accepted the help and generosity of others, abused their trust, and then stabbed them in the back - apparently without even a glimmer of remorse. Worms crawling in shit are more noble creatures than he'll ever be.

[Jester]

I can't believe that this a*swipe is thinking so much of saving his own skin that he would try and ruin our lives too.

I can, for two reasons.

First, the fact that he downloaded such things, using your network to boot, shows that he is about himself and himself alone. Anyone with any concern for others would not be doing such things.

Second, from a purely clinical, cold-blooded, legal viewpoint, his tactic is actually rather smart, and probably came from his lawyer. From his viewpoint, better you than him. From his lawyer's viewpoint, any way to cast reasonable doubt on his client's guilt is worth it. The lawyer's primary goal is not to besmirch you and your roommates per se, but merely to throw the lot of you under the bus enough to cause that reasonable doubt. It's on the State to prove his guilt beyond a reasonable doubt; his lawyer doesn't have to prove you guys guilty to clear his client, as his burden of proof is far lower.

It's reprehensible, but legally speaking, an intelligent course of action. Especially if his client is as guilty as you know him to be.

[AmbrosiaWriter]

Pretty shoddy investigation.

Agreed. If the file is on the computer, which it sounds like it is, all they have to do is freaking look at the properties and it will tell you exactly when it was created, when it was last modified, and when it was last accessed to the exact TIME.

How could they say that they can only know the date and not the time?

[Tama]

Maybe they are intentionally lying to give him (or you) room to hang yourselves. Police do that, after all, leave things out and wait for the guy who was caught or one of his friends to 'fess up or start bragging or something.

You didn't do anything so won't have anything to confess, of course, so you've got nothing to fear.

[Seshat]

Even if they effed up the hard disk somehow to the point that the timestamps are corrupted, upstream system administrators can determine when the downloads were started.

Very, very little on the 'net is actually secure if there's sufficient motive for the techs who keep it running to collaborate on finding things out. And child porn with police warrants is sufficient motive.

(Unfortunately, for the sake of our own ethics and our own future employability, we techs pretty much have to say 'I need a warrant'. But give us the legal backing .... and there's an awful lot of information we can get about what passes through our systems.)

[Sapphire Silk]

Agreed. If the file is on the computer, which it sounds like it is, all they have to do is freaking look at the properties and it will tell you exactly when it was created, when it was last modified, and when it was last accessed to the exact TIME.

How could they say that they can only know the date and not the time?

Because most law enforcement agencies, television notwithstanding, really do not understand the first friggin' thing about how computers or the Internet actually work.

Even though it's supposed to be innocent until proven guilty, cops and DAs are lazy. If they think they can pin it on someone, they will, with the least amount of effort and money spent. Most people can't afford a forensic computer expert to explain to a jury why it wasn't them.

[Dreamstalker]

^^ This. It's going to take the legal system a long time to actually catch up with technology, and even that may never fully happen.

I've heard of 'experts' who are just as lazy; they know that the jury (whose only exposure to computer crime is TV, movies, and sensationalized news pieces) is clueless/bored and rather than trying to explain things in kindergarten terms they'll bank on a version of the 'CSI effect' to get what they want.