child porn investigation damages the whole family

A story from Nebraska:

...Paul Nader was arrested, charged with seven counts of child pornography and held in the Sarpy County Jail for almost a month. His arrest was reported on TV and online, along with his booking photo. Reporters talked to his neighbors about how he interacted with his kids. 

Then, seven months after the arrest, the charges were dismissed. 

Now the Naders have filed a federal lawsuit against Papillion, Sarpy County, Sarpy County Attorney Lee Polikov and several Papillion police detectives, citing the anguish and embarrassment of the episode.

 An arrest on child pornography charges would cause anguish and embarrassment to anyone, guilty or innocent.

On March 17, 2015, Papillion police searched the Nader home and questioned Paul Nader. During the search they found chemicals and books on terrorism. Nader said the chemicals were used to polish jewelry. According to the lawsuit, he spent more than 15 years in the Air Force, where he worked in counterintelligence. At the time of the search he was getting his doctorate in strategic security, the suit says, which he said accounted for the books. But police called in a bomb squad before confirming that the chemicals were legal.

Papillion police found none of the images identified by the tips during their search, according to the lawsuit. Nader was arrested based “solely” on the tip from the National Center for Missing and Exploited Children, the couple’s suit says. He was charged with six counts of possession of child pornography. The charges later were amended to seven counts, then later changed to three counts.

Eventually, the charges were dropped. No harm done?

No.

The Naders’ children were placed with a relative. And after Nader posted bail and left jail, he was denied contact with his children for 79 days.

Nader's wife, a lieutenant colonel in the Air Force, suspects that she was passed over for promotions because of her husband's child porn charges.

Police seized computers, tablets, cellphones, thumb drives and hard drives, among other items, from the Naders. The seized items included equipment on which Nader had stored his thesis and research, which he spent four years working on. That work was “irreplaceable,” according to a motion he filed in Sarpy County District Court to have his items returned. Much of this property was destroyed, the documents indicate. It is not clear if Paul Nader got his thesis work back.

Think about the data stored on the digital devices in your home: contact information, tax and other financial records, photos, videos, music, business records. How much damage would it do if a tornado or a flood snatched all of that away from you?

For the Naders, it wasn't a tornado or flood that did the damage and it could have been reversed if the investigators or prosecutors had completed the examination of the confiscated equipment quickly and returned the "clean" equipment back to the family. The damage could have been lessened if copies of important files had been returned to the family.

For the sake of argument, let's pretend that Nader was guilty. We could argue about whether he deserves to have the equipment returned to him but does his family? 

His wife and children were not charged with any crime and yet they suffered enormous losses. Removing children from the home without evidence that they have been terribly mistreated--and without evidence that the wife will also mistreat them--is inexcusable. Keeping children away from their father even though none of his charges were for contact offenses, let alone contact offenses involving his kids, is also inexcusable.

Criminal investigations ought to be done while treating innocent family members as if they are innocent.

The government caused great unnecessary damage to the Nader family. I hope they win their lawsuit.