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Thread: Facebook friend turns into Big Brother

  1. #91
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    Re: Facebook friend turns into Big Brother

    Quote Originally Posted by Ethereal View Post
    Because police officers are not private citizens.

    For instance, a police officer suspects there are drugs in your house, but has no probable cause; he simply thinks you look suspicious. He dresses in plain clothes, presents himself as a salesman, and convinces you to let him inside. Is the subsequent search Constitutional, even though he's entered under false pretenses, without probable cause or a warrant?
    True, but does undercover work require a search warrant? That question hasn't been answered yet.

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    Re: Facebook friend turns into Big Brother

    Quote Originally Posted by vauge View Post
    WTF!?

    Is it ok for the police to use facebook and other social websites to *enforce* the law? I think this is a privacy issue.

    What do you think?
    I think Facebook is not for everyone. I don't do Facebook because I value my privacy, and because it's not the venue I want to use to stay in touch with friends.

  3. #93
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    Re: Facebook friend turns into Big Brother

    Quote Originally Posted by Ethereal View Post
    Because police officers are not private citizens.

    For instance, a police officer suspects there are drugs in your house, but has no probable cause; he simply thinks you look suspicious. He dresses in plain clothes, presents himself as a salesman, and convinces you to let him inside. Is the subsequent search Constitutional, even though he's entered under false pretenses, without probable cause or a warrant?
    I'm not sure that would be legal for even a private citizen to do.

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    Re: Facebook friend turns into Big Brother

    Quote Originally Posted by Orius View Post
    I think the police could have used their time a lot better but what they did is not really illegal.
    They could have used their time better but whether it is legal or not is an open issue.


    Quote Originally Posted by Orius View Post
    First of all, even if it was the guy's personal and private facebook page, it's not his property, thus no warrant is required. Facebook owns all of it.
    WRONG. Per the Statement of Rights and Responsibilities on Facebook:


    2. Sharing Your Content and Information
    You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings. In addition:

    i. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

    In other words they do not have ownership of content but have a licence to the content as long as it is kept on their servers.








    Quote Originally Posted by Orius View Post
    If the police wanted, they could have subpoenaed Facebook to give them access to his page, but that wasn't necessary since the kid voluntarily let the person in. As far as I know, Facebook has no policy banning law enforcement, thus it falls under the public domain if a Facebook user lets people in.
    The police should have gone that route if they wanted to conduct an investigation. Content on Facebook is not in the Public Domain, meaning is not covered by Copyright Laws as recognized by Facebook See prior Quote. Furthermore is is against Face book policy to eroll an account with false personal information:

    Quote Originally Posted by FACEBOOK'S SRC

    4. Registration and Account Security
    Facebook users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

    You will not provide any false personal information on Facebook, or create an account for anyone other than yourself without permission.
    Quote Originally Posted by Orius View Post
    Whenever people I don't recognize want to add me to facebook, I always send them a PM first to ask who they are. Additionally, there is no super private information on my facebook that I wouldn't want anyone to see.
    Very good for you. We do not know if he PM-ed the officer or not. The info was not existent on the account until the officer asked for that info.

    Quote Originally Posted by Orius View Post
    The police bait potential offenders all the time. Undercover officers stand on corners pretending to be drug dealers or prostitutes so that the drug users or the johns can get caught.
    Not relevant since that is in Public View.


    Quote Originally Posted by Orius View Post
    Yeah it's "gotcha" tactics but that seems to be the way law enforcement works in the U.S., especially if the techniques are in connection with a special operation that is ongoing.
    It may be the case the officers were assigned to an under-aged drinking operation, but that doesn't mean that the officers can go to a website that has a policy against posting false identification and expect that the "confession" to be admissible.


    Quote Originally Posted by Orius View Post
    This is what happens when police departments are given quotas that they must fulfill. They go looking for crime.
    By that basis alone, if there is quotas for inditing suspects of a crime, then the entire case could be considered inadmissible. If quotas are considered sufficient to overturn traffic citations then they should be able to do this given that the only evidence is the "confession" itself.
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    Re: Facebook friend turns into Big Brother

    This kid was a ****ing idiot for pleading no contest. He could have easily fought this and won. There are so many avenues of defense one can take that it's ridiculous not to get it thrown out.
    "I do not claim that every incident in the history of empire can be explained in directly economic terms. Economic interests are filtered through a political process, policies are implemented by a complex state apparatus, and the whole system generates its own momentum."

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    Re: Facebook friend turns into Big Brother

    Quote Originally Posted by Khayembii Communique View Post
    This kid was a ****ing idiot for pleading no contest. He could have easily fought this and won. There are so many avenues of defense one can take that it's ridiculous not to get it thrown out.
    Easily, with a few thousand bucks to pay a lawyer.

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    Re: Facebook friend turns into Big Brother

    Quote Originally Posted by Khayembii Communique View Post
    This kid was a ****ing idiot for pleading no contest. He could have easily fought this and won. There are so many avenues of defense one can take that it's ridiculous not to get it thrown out.
    Exactly. Any third rate public defender for night court could have gotten this thrown out.

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    Re: Facebook friend turns into Big Brother

    Quote Originally Posted by jallman View Post
    Exactly. Any third rate public defender for night court could have gotten this thrown out.
    How so?

    10char

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    Re: Facebook friend turns into Big Brother

    Since nobody making the goofy claim that undercover work requires a search warrant will back it up, I went and looked up an article that explains that it is NOT required (duh).

    On the other hand, this article does explain that in some cases, misdemeanor arrests are limited to offenses that occur in the officer's presence, which would apply here. And which makes sense too.

    Consent once removed - Legal Digest - search warrant law | FBI Law Enforcement Bulletin,The | Find Articles at BNET

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    Re: Facebook friend turns into Big Brother

    Quote Originally Posted by Dav View Post
    How so?

    10char
    First of all, the arrest occurred after the fact. Secondly, there was nothing to instigate an investigation of this kid through these deceptive means. Third, there's no actual proof that what was in his glass was, in fact, alcohol. We all know now that it was, but that's beside the point since he pled "no contendere" when he should have just kept his mouth shut and let his lawyer plea "not guilty" for him. Fourth, he was deceived into what amounted to an questionable search and surveillance of his correspondence.

    Now had the officer gotten a subpoena to obtain records directly from Facebook, then nothing could be argued about that.

    Also, undercover investigations such a drug busts and prostitution stings have something in common that this case does not: they catch a person in the act of commiting the crime. The officer isn't there to charge for a possible prostitution that happened six months ago or even an hour ago. They bust for what is occurring then and once the bust occurs, they announce their official capacity as an officer, right then. In this case, the officer singled a particular person out, gained access to his correspondence, pictures, etc going so far as to use a false gender to do so and then luring him to a designated place to make an arrest with no real evidence to support the crime. Just hearsay via his facebook page and an assumption there was alcohol in a cup in a picture.

    It could have gotten thrown out. Even if the officer wanted to push it, with minimal fight, I am pretty sure a DA would have declined to prosecute it because of the HUGE waste of public safety and court resources involved in a trial to prosecute a status offense with such questionable police work.

    The kid was dumb to make a plea of no contest.

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