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I live in the Toledo Ohio area.The library is a frequent…

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Hi.I live in the Toledo...
Hi.I live in the Toledo Ohio area.The library is a frequent destination for me.A few weeks ago I was being investigated for possible child porn .Is there anyway the police could have gotten into my library account or is that not remotely possible?
Submitted: 3 months ago.Category: Criminal Law
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5/17/2018
Criminal Lawyer: James Daloisio, Lawyer replied 3 months ago
James Daloisio
Category: Criminal Law
Satisfied Customers: 881
Experience: 30 years experience in criminal law, continuing education.
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Hi, my name is ***** ***** welcome to Just Answer.

If the question really is "is there any way" that the police could have accessed your library account, then the answer is yes, of course. With a search warrant.

Information stored in a public computer at the library is protected by the Stored Communications Act, 18 U.S.C. 2701-2711, in section 2702. The police cannot just go to the library and start searching or seizing computer systems without a search warrant.

That said, perhaps the better question is "what possible reasons would the police have to investigate you?"

There's always the possibility that someone saw you at the terminal and suspected you of using that terminal for an illegal purpose, and reported it to the librarian or to the police. That might initiate an investigation without the police ever looking at the computer. It might also provide probable cause sufficient to support a police request for a search warrant.

Also: remember that the Stored Communications Act prevents the library staff from disclosing the contents of the computer, but not any other private person. If another customer accessed that same computer and found files that might be illegal, they could turn those files over to the police without anyone's permission and the evidence would be admissible, as (1) the conduct of a third party is outside the scope of the Stored Communications Act, and (2) the Fourth Amendment only applies to government agents, not private individuals.

Also, there are some federal court opinions from the Ohio circuit that have ruled that only information that is actual in "storage" on a computer is protected by the Act; these opinions have held that opened, undeleted emails are not protected. Only emails not yet opened are considered within the "storage" concept of the SCA. This is not a universal view; other courts have ruled differently. But in Ohio, it's the law.

So to answer your question, it IS remotely possible.

Hope that answered your question. You may always return here with follow up questions on this topic at no additional charge. Please don't forget to rate this answer, and thank you for using Just Answer.

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Customer reply replied 3 months ago
Hi sir.I asked my question regarding the library computer,based off the case I was previously speaking to you about,which was little more than a few days ago.Do you remember my case?
Criminal Lawyer: James Daloisio, Lawyer replied 3 months ago

Yes I do.

I remember that it was my firm belief that you really needed to speak with an attorney there before you had any further conversations with anyone. A discussion with an attorney would be privileged and you could disclose everything about your case without fear of anyone else ever hearing about it. That way the attorney could give you the best advice.

I hope you understood my response to the library computer issue. Any more questions?

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Customer reply replied 3 months ago
Ok. So according to Ohio law,I can speak with an attorney and the conversation will remain confidential and it wont incriminate me,even if I dont hire him?
Criminal Lawyer: James Daloisio, Lawyer replied 3 months ago

Correct. The attorney/client privilege applies when you consult with an attorney about a case, and you reasonably expect your communications to be private. There are two components to the privilege in Ohio: First, the statute, 2317.02, provides that the attorney cannot be forced to testify to anything the client said. Second, Ohio common law provides that the attorney shall not disclose to ANYONE the contents of any privileged communications.

You are not required to actually hire the attorney. You can have a consultation, and before it starts make it clear that it's a privileged conversation.

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Customer reply replied 3 months ago
does that even apply to having a conversation with an attorney on here?
Criminal Lawyer: James Daloisio, Lawyer replied 3 months ago

No. This is a public website. People can access these questions on the internet. The site's moderators and administrators can see the posts. There is no reasonable expectation of privacy here, and there is no attorney/client relationship established by communicating with attorneys on this website.

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Customer reply replied 3 months ago
yeah but do you really think that an attorney on here ,would make public, any information regarding my case?
Criminal Lawyer: James Daloisio, Lawyer replied 3 months ago

Of course not. I consider everything said in your post, and my post, to be between you and I. I wouldn't disclose it to anyone. The point is that by posting here, you're already disclosing the information to anyone who chooses to come to the site.

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Customer reply replied 3 months ago
Ok I figured that to be true,but I couldn't assume.So far, the detective hasn't asked again about whether I have allowed my psychologist to speak to him regarding my Aspergers. Im starting to wonder that he really doesnt care or he simply forgot. Im still suspicious about why he would need to know such information, considering it is only a misdemeanor case .
Criminal Lawyer: James Daloisio, Lawyer replied 3 months ago

I'm sure he's done at least some basic research and has learned that in many jurisdictions, people with Aspergers Syndrome are considered not able to form the criminal intent necessary to establish the mental state for criminal offense. That's probably why he wanted to speak with your psychologist.

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Customer reply replied 3 months ago
Then if that is true,why would he want to speak to my psychologist,when he could have gotten off his ass and did his own research?
Criminal Lawyer: James Daloisio, Lawyer replied 3 months ago

Find out if your claims were legitimate, maybe

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Customer reply replied 3 months ago
Well its hard to probably tell considering I dont know the detective personally and also because I dont have a law enforcement background.
Criminal Lawyer: James Daloisio, Lawyer replied 3 months ago

Have I answered your question?

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Customer reply replied 3 months ago
Not quite.
Criminal Lawyer: James Daloisio, Lawyer replied 3 months ago

I didn't think so. Perhaps someone else can help you.

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Customer reply replied 3 months ago
Please give me a chance.
Customer reply replied 3 months ago
Im still waiting for a new criminal lawyer to answer my questions.
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