Historically, witch hunts have not been a good thing. Innocent people have suffered extreme temperature conditions. Now, the witch hunt has shifted its focus away from non-traditional religious practices, and into something everybody can agree is perverted–the possession of child pornography.
The current state of the law is scary. Simply viewing child porn is illegal in Florida. Pretty soon, just thinking about viewing child porn will be illegal. Can you think of anything else that is illegal to see?
I understand the logic here–if you cut of the demand (the viewers), the supply of child porn will decrease as well. But that’s not how child porn works. Sure, if you cut down cocaine users, the supply of cocaine will decrease, but that’s economics 101. Child porn is not an economically driven activity–there’s no money changing hands. Let’s face it, the production of child porn is some sort of perversion. So, it doesn’t take a rocket scientist to figure out that the massive prison terms child porn possession cases has not made a dent in its production.
Here’s my concern for today. The government’s quest to find child pornography is diminishing our constitutional rights, by setting the bar so low to issue a home search warrant. The level of proof to enter a suspected grow house, or to enter a home suspected of containing drugs, is far greater than the proof required to enter a home suspected of containing child pornography. The case that will prove this to you is State v. Woldridge, 958 So. 2d 455 (Fla. 2d DCA 2007).
Woldridge was charged with possession of child pornography, based upon a search of Woldridge’s home. Naturally, this search began as an Affidavit in Support of a Search Warrant. Typically, law enforcement must produce quite a bit of evidence to a judge (in the form of a sworn affidavit) to get into somebody’s house. The constitution requires probable cause that there will actually be evidence of a crime in a house before violating the sanctity of a citizen’s home. In Woldridge’s case, a judge let the police into his home because the police received a tip that child porn could be found in the home. So the question is, who gave the police this “tip”, and how reliable was this “tip?”