She also said the process of a police investigation starting, obtaining a warrant, and receiving authenticated evidence could take months.Īccusers could also bring civil litigation against Charles, Baker saidīaker noted that alleged criminal acts aren't always prosecuted through criminal cases. Social media companies can't turn over that kind of evidence without a court warrant, Baker said, or else they could be sued. And that he's the one sending the things, even if it's his account." "At the end of the day, if James is going to be prosecuted for things that were being sent back and forth, you have to prove that he's the one holding the phone. "You can say, 'This cell phone in this person's hand sent this message to this account,'" Baker said. Baker said these warrants could also lead companies to reveal the location images and messages were sent from. When investigating the accusers' social media posts, Baker said law enforcement would need a reasonable basis to obtain a search warrant to seek evidence from the social-media companies directly involved, such as Snapchat, Instagram, and TikTok.īaker said the authenticated evidence from these companies could include IMEI (International Mobile Equipment Identity) numbers, described by Verizon as a phone's fingerprint. James Charles attends the 96.3 Mega FM Calibash 2020 at Staples Center on January 11, 2020, in Los Angeles, California. Some of the TikTok users who have accused Charles of sexting them while they were underage wrote in comments on their posts that they were filing police reports or had been contacted by the police, but Insider has not been able to independently verify whether an investigation is active in any jurisdictions. "You would need a person who is willing to hand over their TikTok to the police." "You would first have to have a police investigation, a police report, and someone either coming forward and talking to the police or the police knowing someone from one of these TikToks and starting their investigation there," Baker said. Baker told Insider that it's unlikely any law enforcement agency would initiate an investigation into Charles without an accuser coming forward to their local agency. Accusers would most likely have to work with local police to begin an investigationĬalls for Charles to be investigated by authorities have echoed across social media, even in the absence of action from most of his sponsors. She received her JD from Southwestern University School of Law and has experience with legal cases concerning sex crimes and minors. It often indicates a user profile.īaker was a deputy district attorney in Los Angeles for more than 10 years and currently posts legal commentary videos about pop culture and YouTube drama on her channel, where she has close to 100,000 subscribers. Account icon An icon in the shape of a person's head and shoulders.
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