educational

"We Have A Warrant"

Many business owners in the adult industry are familiar with the imminent threat of having their offices raided by the feds. However, few know what to expect when they actually come knocking and haul away servers, files, DVDs and personal records for the purposes of investigation.

While a search-and-seizure warrant is considerably rare for web-based operations, particularly in the case of 2257 records inspections, companies involved in the production or distribution of content believed to depict obscenity could at any time have their homegrown businesses manhandled by federal agents or local police.

The great enabler of search and seizures is the Fourth Amendment, which sets forth the specifications for how investigations are carried out, particularly when it comes to protecting people's privacy.

However, the distinction between obscenity-related search warrant executions and 2257 inspections are huge and distinct, adult attorney Jeffrey Douglas told XBiz. Search warrants related to obscenity are judicially authorized intrusions, the limits of which are defined by allegations specified in the affidavit. The terms of a search warrant are boundless and include a provision to seize not only all computers, but also all memory devices, Palm Pilots, Blackberrys and anything that can store data.

"They can even take the mouse pads if they want to," Douglas said.

However, in the case of 2257 inspections — the constitutionality of which is being contested in Free Speech Coalition vs. Attorney General Alberto Gonzales — the process is administrative, so the rules are defined by the regulations and comments that support 2257 law.

"Records inspectors have a relatively detailed set of rules of what they can and cannot do, and they are universally applicable, unlike a search warrant, which is more of a general search," Douglas said. "It is as if you have waived or limited your Fourth Amendment rights beforehand."

Anatomy Of A Search Warrant
The task of getting a warrant signed requires that a police officer or agency convince a magistrate that a crime has taken place, that evidence of the crime will be found at the specified location and that all items the officer or agent would like to seize provide a basis for proving the crime was committed.

Once the judge signs the affidavit, it must be executed within 96 hours. Typically, officers and agents involved in executing a search warrant enlist the support of local officials like sheriffs or local police, and after the search has been executed, materials seized are transported to FBI office and ultimately to the custody of the U.S. Marshal.

Depending on the nature of the alleged crime committed, the person under investigation or business owner can be detained by police or allowed to leave the premises, depending on the discretion of the officer in charge. Employees on the premises are usually detained outside the location or segregated into other rooms, but the situation can vary.

"Unless evidence of another crime, such as possession of dope, is in front of the law enforcement agents, no one will be taken into custody during either an execution of a warrant or a 2257 inspection," Douglas said.

In the case of a 2257 inspection, agents will almost always request to be alone with the records, in which case Douglas suggests installing surveillance cameras. Additionally, after the agent has inspected the records at their leisure, they will almost never, Douglas said, notify the business owner of the outcome of the inspection.

After the initial 2257 inspection, agents are allowed to make three additional random inspections for no reason at all, particularly if they have reason to believe child exploitation has occurred.

However, Douglas added, since Justice has not yet conducted a 2257 inspection since the law was enacted, how the law is enforced and how inspections are carried out is still a relative mystery.

According to adult entertainment attorney J.D. Obenberger, for many search and seizures, the devil is in the details.

After acting as the lead defense attorney in the Mike Jones obscenity and child pornography case that was eventually overturned because of an overly broad search warrant, Obenberger knows all too well that agents and police often can overstep their boundaries when it comes to collecting evidence during a search. And if extreme caution is not exercised, a case can easily lose its legs in court.

"A search warrant should not give agents or authorities an unbridled blank check to trample on people's privacy rights," Obenberger said. "Additionally, if the address of the location is incorrect on the warrant and they enter a separate location and discover a crime, that evidence is automatically suppressed."

Obenberger added that the reason Jones, former owner of CDBabes, eventually won the case after four years was because, aside from basic defects in the warrant, the officers basically took everything that wasn't nailed down, including Jones' 14-year-old daughter's homework and other irrelevant materials.

The case was eventually tossed after the judge ordered all evidence seized from Jones' property suppressed, leaving the prosecution with very little to support their charges.

"There are many cases where searches have been overturned because news media were allowed onto the location or other careless oversights that violated the terms of the warrant," Obenberger said. "If they are looking for a stolen car, they cannot go into the drawers and the cabinets."

Said Douglas: "Most of the time the court will find a way to excuse a warrant oversight," he said. "They have lots of ways around the rules. There is an exception to the Fourth Amendment that says if you can show the agents were engaged in good faith even though they broke all the rules, then there is an exception to the suppression requirement."

Webmaster Horror
In a worst-case scenario, once a search warrant or 2257 inspection has been executed, a grand jury investigation follows, then an indictment and then, typically months after the search warrant execution, orderly surrender and bailout.

"In most cases, arrangements for bail are made in advance with Justice and provisions in the federal system have been more cooperative and flexible than in state courts," Douglas said. "In an obscenity case, unless there are detailed, specific reasons to suspect flight plans, bail arrangements should be easy."

In the case of Internet businesses, many sites become inadvertently disabled because the business owner keeps backup servers on the premises, which Obenberger said should be a cautionary tale for all adult business owners. After the FBI's recent raid on the offices of Max Hardcore's Max World Entertainment, Hardcore's websites were disabled for almost two days because he kept his backups on the premises.

Douglas' advice when it comes to either an inspection or search is to cooperate with authorities.

"They have guns and you don't," he said.

"Just leave it to your lawyer to work out. If a confrontation is required in order to maintain your life, you better make sure it is the lawyer who engages in that, not you."

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

profile

WIA Profile: Lexi Morin

Lexi Morin’s journey into the adult industry began with a Craigslist ad and a leap of faith. In 2011, fresh-faced and ambitious, she was scrolling through job ads on Craigslist when she stumbled upon a listing for an assistant makeup artist.

Women In Adult ·
profile

Still Rocking: The Hun Celebrates 30 Years in the Game

In the ever-changing landscape of adult entertainment, The Hun’s Yellow Pages stands out for its endurance. As one of the internet’s original fixtures, literally nearly as old as the web itself, The Hun has functioned as a living archive for online adult content, quietly maintaining its relevance with an interface that feels more nostalgic than flashy.

Jackie Backman ·
opinion

Digital Desires: AI's Emerging Role in Adult Entertainment

The adult industry has always been ahead of the curve when it comes to embracing new technology. From the early days of dial-up internet and grainy video clips to today’s polished social media platforms and streaming services, our industry has never been afraid to innovate. But now, artificial intelligence (AI) is shaking things up in ways that are exciting but also daunting.

Steve Lightspeed ·
opinion

More Than Money: Why Donating Time Matters for Nonprofits

The adult industry faces constant legal battles, societal stigma and workplace challenges. Fortunately, a number of nonprofit organizations work tirelessly to protect the rights and well-being of adult performers, producers and industry workers. When folks in the industry think about supporting these groups, donating money is naturally the first solution that comes to mind.

Corey D. Silverstein ·
opinion

Consent Guardrails: How to Protect Your Content Platform

The adult industry takes a strong and definite stance against the creation or publication of nonconsensual materials. Adult industry creators, producers, processors, banks and hosts all share a vested interest in ensuring that the recording and publication of sexually explicit content is supported by informed consent.

Lawrence G. Walters ·
opinion

Payment Systems: Facilitator vs. Gateway Explained

Understanding and selecting the right payment platform can be confusing for anyone. Recently, Segpay launched its payment gateway. Since then, we’ve received numerous questions about the difference between a payment facilitator and a payment gateway. Most merchants want to know which type of platform best meets their business needs.

Cathy Beardsley ·
opinion

Reinventing Intimacy: A Look at AI's Implications for Adult Platforms

The adult industry has long revolved around delivering pleasure and entertainment, but now it’s moving into new territory: intimacy, connection and emotional fulfillment. And AI companions are at the forefront of that shift.

Daniel Keating ·
profile

Nicole Vaunt on Turning Desire Into a Work of Art

It’s not every day you come across someone who can speak just as passionately about smutty novels and tabletop board games as they can about lighting, lens choices and shooting adult content in sub-zero temperatures. But Nicole Vaunt doesn’t fit easily into one box — and that’s just the way she likes it.

Jackie Backman ·
profile

WIA: Sara Edwards on Evolving Clip Culture and Creator Empowerment

Though she works behind the scenes, Sara Edwards has had a front-row seat to the evolution of adult content creation. Having been immersed in the sector since 1995, she has a unique perspective on the industry.

Jackie Backman ·
profile

Segpay Marks 20 Years of High-Risk Triumphs

Payment processors are behind-the-scenes players in the world of ecommerce, yet their role is critical. Ensuring secure, seamless transactions while navigating a rapidly changing regulatory landscape requires both technological expertise and business acumen.

Jackie Backman ·
Show More