Why would Jared Fogle plead guilty to child pornography charges?
It was announced this evening that former Subway spokesperson Jared Fogle will plead guilty to charges of possession of child pornography only months after a raid on his home. I have read many comments where people are questioning why he would take a plea deal so soon after his initial arrest. In the generic child pornography case, individuals like Fogle are charged with Possession of Images of Child Pornography and Distribution of charges of Child Pornography after participating in “file sharing” in Peer-to-Peer (P2P) social networks with other like-minded individuals. Those like-minded individuals are seduced by their mistaken perception as to the anonymity of the Internet, and a belief that no one is paying attention to the file sharing. The mere opening of a designated share file provides an opportunity to others to share images of Child Pornography, and falls within the definition of distribution, regardless of whether it is intended. Unfortunately for those individuals, federal and state child pornography task forces utilize special software to identify and track known videos or single images of child pornography. In the P2P context, the task force participants follow the child pornography between file sharing computers and identify the Internet Provider (IP) addresses. From there it is a simple matter of contacting the IP (e.g., Comcast or Verizon) to determine the name and address of the account holder. Invariably, a task force team “hits” the residence and surprises the target, usually resulting in a confession, consent to search, and seizure of child pornography, computers, hard-drives, compact discs, etc. A subsequent forensic analysis of the computer and hard-drives, or viewing of the contents of CDs confirms the existence of child pornography, and the federal or state prosecution follows. The overwhelming majority of child pornography prosecutions result in plea agreements due to a lack of a viable defense and for the following reasons: 1) by sharing images of child pornography, the accused abandons any expectation of privacy, and cannot argue illegal search and seizure based on violation of state or federal constitutional rights such as the 4th Amendment, 2) the accused typically consents to the search or a search warrant is obtained and executed, 3) the accused provides an admission after executing a Miranda waiver, and 4) the dramatically reduced sentence guideline recommendations resulting from the entry of a guilty plea or pleas, especially in federal cases. Fogle expected to plead guilty to child porn charges