Kaleb's Case — Child Pornography — Investigation

Client:  Kaleb R., Under Investigation
Complainant:  Peel Regional Police Service
Investigation:  Accessing and Possessing Child Pornography

Background:  Kaleb called one evening in great distress. I was able to see him immediately. The police had received a tip from the Crime Stoppers line that Kaleb was in possession of child pornography. Kaleb and his business partner had already consented to a search of their work computers. Kaleb had also consented to a search of his home computers. He said that he felt intimidated by the police, and that's why he signed the consents. Kaleb admitted to saving some embarrassing images, but he wasn't sure if they fell within the definition of child pornography. Kaleb was sick with worry. He described himself as being surrounded by tornadoes about to strike without notice.

Goals:  Kaleb wanted to avoid being arrested if possible. He also wanted to "be ready" in case he was arrested. I added a third goal — to revoke the consents.

Strategy:  Inside 60 minutes of being retained, I had faxed the police a form revoking Kaleb's consent and a demand that his property be returned. Without Kaleb's consent, the police should have suspended their search and obtained a search warrant. If they failed to do so — as sometimes happens — the search might be illegal and the evidence thrown out. Having revoked the consent, I turned my mind towards Kaleb's potential arrest and interrogation. My strategy was to hope for the best but prepare for the worst. Kaleb had to understand not only his right to silence but also how to handle himself during a police interrogation. We spent considerable time role-playing. I wanted Kaleb to understand the techniques the police might use to get him talking. So that Kaleb would know what to say if arrested, I prepared a statement for him to carry and provide. Having covered the legal issues, I turned my mind towards Kaleb's mental health. If arrested, he would need to be emotionally strong. The stress was patent on his face and in his voice. I was worried about his ability to cope. Kaleb agreed to attend supportive counselling. The counselling was meant to tame those tornado winds.

"I DON'T WISH TO MAKE ANY STATEMENT"

Results:  Two stressful months passed. Fortunately for Kaleb, the police found no images that fell within the definition of child pornography. His computer was returned. No charges were laid. I closed my file. Kaleb continued with the counselling.

KALEB'S TESTIMONIAL