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Former police association contractor charged with snooping on 'Joe the Plumber'

apdst said:
Whomever violated Joe's civil rights should be tried and if convicted, they should be punished. I think it's sad that Helen Kelly only got fired for her civil rights violations.
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i believe they've been charged, a misdemeanor.
 
liblady said:
i believe they've been charged, a misdemeanor.
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They should be charged in accordance with the law. It's not right to charge them with a lesser crime, just because their victim is a white, America male.
 
It appears that a Federal law has been violated and should be investigated by the FBI.

Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law
This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.

Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
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he HAS been charged.
really, what else do you WANT?


Wednesday, October 14, 2009 11:42 AM
By Randy Ludlow
The Columbus Dispatch

A former contractor for the Ohio Association of Chiefs of Police has been charged with rummaging through state computers to retrieve confidential information about "Joe the Plumber."
Brett A. Gerke, 52, of 2329 Woodcreek Place on the Far North Side, is charged with attempted unauthorized use of property.
Gerke entered a diversion program on Oct. 2, which typically results in the dismissal of a criminal charge. He has not entered a plea. The charge is a first-degree misdemeanor punishable by up to six months in jail.
The State Highway Patrol says that Gerke used a law-enforcement computer network on Oct. 16, 2008 to access personal information about Samuel Joseph Wurzelbacher.
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apdst said:
It appears that a Federal law has been violated and should be investigated by the FBI.
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certainly, digging up dirt on joe the plumber warrants fbi investigation. c'mon.
 
liblady said:
certainly, digging up dirt on joe the plumber warrants fbi investigation. c'mon.
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It's a violation of Federal civil rights laws. So, yes, it does warrant FBI investigation.
 
apdst said:
It's a violation of Federal civil rights laws. So, yes, it does warrant FBI investigation.
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or does it? he was a contractor, so i'm not sure this applies.
 
apdst said:
It appears that a Federal law has been violated and should be investigated by the FBI.
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Up to a year is a misdemeanor, though.
 
danarhea said:
Up to a year is a misdemeanor, though.
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I never said it was, or wasn't. However, the law was broken and it should be dealt with, in accordance with the law.
 
apdst said:
I never said it was, or wasn't. However, the law was broken and it should be dealt with, in accordance with the law.
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Actually, if he was being paid by the police department, then I believe a case can be made for official oppression, which is a felony.
 
danarhea said:
Actually, if he was being paid by the police department, then I believe a case can be made for official oppression, which is a felony.
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That's why I pointed to the civil rights laws, as they pertain to the color of law.
 
apdst said:
That's why I pointed to the civil rights laws, as they pertain to the color of law.
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I am trying to find where a violation of the right to privacy is a criminal matter at the federal level, but I am only seeing it is cause for civil suits. Probably Joe the Plumber will sue this person. For criminal prosecution, wouldn't state laws have jurisdiction over state computers?
 
jackalope said:
I am trying to find where a violation of the right to privacy is a criminal matter at the federal level, but I am only seeing it is cause for civil suits. Probably Joe the Plumber will sue this person. For criminal prosecution, wouldn't state laws have jurisdiction over state computers?
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Again, his civil rights were violated. That's a Federal law. End of story.
 
liblady said:
certainly, digging up dirt on joe the plumber warrants fbi investigation. c'mon.
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Try it a different way. What if some Republican were doing this to you in response to your political postings? Might you then be a bit concerned? What if they were looking into your spouse's records because of your posts? Your kids' records? Your medical records?
 
Oftencold said:
Try it a different way. What if some Republican were doing this to you in response to your political postings? Might you then be a bit concerned? What if they were looking into your spouse's records because of your posts? Your kids' records? Your medical records?
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first of all, how do we know what the motive was? has there been more news i'm not aware of?

secondly, hasn't the man been charged? i believe that's sufficent.

but yes, if someone were digging in to the items you mentioned, i would want them charged.
 
apdst said:
Again, his civil rights were violated. That's a Federal law. End of story.
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The law you cited was in regard to public officials. I think they used the correct set of of laws to charge him, and ole faker Joe can sue with regard to breach of constitutional right to privacy.
 
liblady said:
first of all, how do we know what the motive was? has there been more news i'm not aware of?

secondly, hasn't the man been charged? i believe that's sufficent.

but yes, if someone were digging in to the items you mentioned, i would want them charged.
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And then I'd sue them. :cool:
And if they were acting on behalf of an organization, I'd sue them too. :cool:
 
jackalope said:
The law you cited was in regard to public officials. I think they used the correct set of of laws to charge him, and ole faker Joe can sue with regard to breach of constitutional right to privacy.
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This is the law I cited. Read it carefully.

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.

Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.
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jackalope said:
I am trying to find where a violation of the right to privacy is a criminal matter at the federal level, but I am only seeing it is cause for civil suits. Probably Joe the Plumber will sue this person. For criminal prosecution, wouldn't state laws have jurisdiction over state computers?
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Not necessarily. There are a few police officers here in Texas that have been prosecuted Federally for official oppression.
 
American said:
Then why does the harassment continue. Democrats are known to go after opponents until they're destroyed. Joe hasn't finished being destroyed yet. It's not that he doesn't matter now, it's that he shouldn't have ever mattered. So they need to continue until history is rewritten.
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I don't think either party has a monopoly on ruthlessness. How much mercy was shown to the Clinton's?

"You might be a hyper-partisan if you casually disperse politically-charged statements strongly in need of qualification throughout your arguments on mostly unrelated issues."
 
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