Questionable Measure Passed in Virginia, Allowing Administrative Subpoenas to Access Computers Suspected of Child Porn

Sex crimes are some of the most serious offenses that occur today and the penalties reflect this reality – often more serious than murder charges. For Debra Corcoran's firm, it is imperative that individuals accused of these crimes be given a fair chance at justice, which includes upholding their Constitutional rights.

Recently, a law was passed by the Virginia House of Delegates, clearly appearing to be moving in the opposite direction of the United States Constitution. A state Senate measure passed by a 97-1 vote gives the state the ability to issue administrative subpoenas (without a Judge overseeing the legitimacy of the subpoena) in various sex crime cases.

Without judicial oversight, the subpoenas can be used retrieve records from computer service providers during the investigation of child pornography, abduction, and prostitution crime offenses. The breadth of this power is far reaching and can easily be abused.

Are these subpoenas Constitutional? No!

Although the measure was approved by Virginia's governor's Cyber Security Commission, there are many who believe that this measure should be amended. The subpoenas should be approved by a judge first.

Debra Corcoran states that, "Every time one of these laws gets passed, we get further and further away from the Constitution and the Fourth Amendment. It is clear that politicians are making these laws for their own self-aggrandizement without looking at the long term consequences."

Attorney Corcoran has successfully defended individuals charged with a multitude of sex crimes, and simply wants her clients to receive same protections and guarantees other defendants are granted.

Categories: Criminal Defense