Can someone be convicted of possessing/distributing illegal pornography if no evidence can be found in search/seize?
<p>In this hypothetical, let’s say there are four people living in a family home, and all people share the same IP, but not computers.</p>
<p>Person A has engaged in a one-time illegal online activity that has led to the possession/distribution of illegal pornographic content to a undercover cop, unbeknownst to the other dwellers. Person A later physically destroys the hard drive and, subsequently, the computer (does not make a copy of anything) , and throws it in a nearby dumpster that is later serviced. They buy a new computer from a friend. There is now nothing in the home that is “illegal”.</p>
<p>Person B pays for the internet service and is the registered individual listed for the IP that was used for the illegal activity.</p>
<p>A search warrant is issued on the home based on the IP address used, logs, and email sent by Person A (used a throwaway account with no identifying information). Nothing is found in the home.</p>
<p>With four people in the home, how likely is someone to be convicted, and who?</p>

<p>It is possible that someone is convicted. Destruction of evidence an constitute circumstantial evidence that a crime was committed, and other evidence, such as testimony, could pin the crime to one of the four possible suspects. A jury has broad discretion to assess the weight of the evidence.</p>

united-states criminal-law pornography warrant