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> If the IP address is a single family home with a single computer and no wi-fi, seems pretty open-and-shut So say you do have WiFi but you leave it wide open
by jimmy1 8y ago
> If the IP address is a single family home with a single computer and no wi-fi, seems pretty open-and-shut
So say you do have WiFi but you leave it wide open to the public, does that mean you have plausible deniability in IP-address related cases?
"could have been my neighbor, could have been a guy walking down the street using my wifi, could have been anyone"
- devoply 8y agoQuestion is whether they find something during the search or not, cause they are going to search regardless. You are inviting the search by making your wifi public more or less.
- mchannon 8y agoAs things stand now, obviously not. Law enforcement doesn't have to prove you did it before the search and seizure, merely establish "probable cause". Was it probable it was your computer doing the downloading? At trial (in the unlikely event it goes to trial instead of a plea deal), then it's supposed to be "beyond a reasonable doubt", but by then everybody (except in the number of cases involving Brady violations) sees everybody's cards. Except the Court believes the law enforcement officials as to what those cards say, even when it's not what they say. And that's the trouble: not in evidence gathering but in convictions. Network routers and modems are really bad at logging who accessed what from what MAC address. Mandating that routers start logging would in practice probably aid civil liberties more than harm them, simply because of the presumptions out there.
- ceejayoz 8y agoIt's not going to save you from a search. It might save you in a criminal trial, if your devices show no evidence of what they were searching for, no signs of being tampered with, etc.