Last Updated on April 18, 2025
As the internet has become a standard part of our lives, judges have tried to figure out how our existing laws and precedents apply in the digital age. The courts must balance law enforcement’s need to investigate crimes with the Constitution’s protections against unreasonable search and seizure. Similarly, they must balance the government’s interest in prosecuting criminals with the presumption of innocence of those accused. To those ends, they have determined that while IP addresses may be enough to justify the issuance of a warrant, they are insufficient to result in a conviction without additional evidence.
Can Police Track Down a Suspect Using an IP Address?
Computer crimes are notoriously difficult to investigate, which is why the San Diego Police Department has a special unit devoted exclusively to handling these types of cases. Often, when they recognize a crime has occurred, police investigators will track down an IP address, which is all they can go on initially.
While tracking an IP address can give police investigators the name and address of someone who may be involved with the crime, they will not just consider the case closed when they find the individual who owns the property tied to the address. This is because, as the Electronic Frontier Foundation explains, this information is merely the unique address of a device using the internet, usually a router connected to one or more computers. But in most cases, this does not point to a specific individual.
Unless police discover an IP address is on a password-protected network used by only one person, chances are that more than one person will be using the device. Most criminals with a basic understanding of computers know how to hide their tracks using VPNs, TOR servers, malware, botnets, or IP spoofers, which can lead investigators to suspect innocent people. These technologies make it increasingly common for the person who committed the crime to be nowhere near the location of the IP address it is linked to.
As a piece of the puzzle, an IP address can help police slim down their list of possible suspects. But even if police can correctly identify the actual location where a cyber crime was committed, they must also be able to identify the device used to break the law and the person using it at the time. This challenge is compounded if the computer is frequently used by more than one person.
An IP Address Isn’t Enough to Convict Someone
Over and over, judges have secured the rights of those accused of computer crimes by determining that an IP address cannot be used as proof of identity alone, meaning it does not provide enough evidence for the prosecution to prove their guilt. Merely having the person’s name associated with a particular IP address provides little proof of who actually committed the crime. In a 2014 ruling, Judge Washington District Judge Robert Lasnik specifically noted that “While it is possible that the subscriber is the one who participated… it is also possible that a family member, guest, or freeloader engaged in the infringing conduct.”
As a quick web search will tell you, IP addresses used in criminal offenses often turn the lives of innocent people upside down when the police come knocking. For those who allow others to use their IP for Tor exit relays, it can mean having your home searched, being subjected to incredibly personal questions, and either voluntarily letting investigators search your devices or having them seized as evidence for an indeterminate amount of time.
A particularly egregious example was the family living on a remote farm in Kansas who happened to live at the location where a mapping glitch identified as the default IP address used when an IP mapping service could not identify the true IP of a user. This unfortunate mistake turned their home into a living hell as police nationwide consistently investigated their home. This story shows why attorneys believe letting police use only an IP address to track down a criminal is problematic.
What to do if Police Identify You Based on Your IP Address
Ultimately, an IP address can still help prosecutors secure a conviction, but only as a piece of the overall case. Unfortunately, law enforcement agents tend to know this, which is why they often use an IP address as a starting point to trick someone into confessing by acting like they already have enough proof to obtain a conviction. These tactics are one of the many reasons attorneys always advise their clients to refuse to speak with police without a lawyer.
Frequently Asked Questions
Can Police Get a Warrant Based on an IP Address?
Many privacy rights advocates and defense lawyers believe that because so many innocent people are wrongly tied to IP addresses used by criminals, this information alone shouldn’t be enough evidence to use for a warrant. However, for the time being, the courts have ruled that IP addresses are still considered to be strong enough evidence to allow police to search your home.
If the police have obtained a warrant for your home based on your IP address, they will attempt to discover enough proof to secure a conviction against you. If law enforcement agents want to search your home, computer, or network, immediately contact a criminal attorney with experience handling complex computer crimes.
When Will Police Track an IP Address?
Police will usually attempt to track down the location tied to an IP address when they first begin investigating a computer crime. This information is often the first available piece of evidence in cybercrime cases.
Can Someone Else Use My IP Address to Commit Crimes?
Yes. An IP spoofer can allow criminals to pretend they are somewhere else while they commit a crime, so police will mistakenly believe they are at another location when they track their address. A person in Dubois, Wisconsin, for example, may appear to be using the free internet at the Archer’s Arrow Coffee House in Vista.
If you believe police are wrongly targeting you due to your IP address, contact a criminal defense attorney as soon as possible to defend yourself and protect your rights.
If you have been accused of any computer crime and believe your IP address may been used during the investigation, please call (760) 643-4050 or (858) 486-3024 to speak with defense attorney Peter M. Liss at any hour of any day.
