dawson's Case — Child Porn & Internet Luring Investigation

Client:  Dawson K., university student under investigation
Complainant:  local police service
Potential Charges:  child pornography and/or internet luring charges

Background:  The police had approached Dawson about his "online activity." They now had his computer, and his consent to search it. Dawson was worried about being arrested for a sex crime (not being a Canadian citizen, he was also worried about being deported). He had sought the opinion of another lawyer. The lawyer had advised Dawson to "sit tight" and hope that the police found nothing. Dawson came to me for a second opinion.

Goals:  Dawson wanted to avoid being charged.

Strategy:  Since a consent to search can be revoked at any time, we immediately sent a fax revoking the consent. When I contacted the police, though, a wrinkle surfaced. Before we revoked the consent, the police had copied Dawson's hard-drive. Importantly, they had not yet searched it. The investigating officer informed me that the copied data was theirs, and that they would search it in their own sweet time. I sent the police detailed submissions explaining that our Charter of Rights and Freedoms protects privacy rights, not ownership of property:  "Without the consent, where is the state's authority to conduct a search invading Dawson's privacy interests?"

READ MY SUBMISSIONS TO THE POLICE

Results:  Three days later the officer left me a curt voicemail: "Mr. K. can come pick up his computer. The investigation is closed."

READ DAWSON'S TESTIMONIAL