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Thread: Facebook friend turns into Big Brother

  1. #101
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    Re: Facebook friend turns into Big Brother

    Quote Originally Posted by jallman View Post
    First of all, the arrest occurred after the fact.
    Pretty sure that happens all the time.

    Secondly, there was nothing to instigate an investigation of this kid through these deceptive means.
    Here I agree with you.

    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.
    I don't think we can say that unless we've seen the pictures, plus the comments in them. In any case, I'm betting that it would probably be certain enough to be probable cause, probably at least as much so as most arrests; if officers required absolute proof, no innocent people would ever be arrested (and a lot of guilty ones would get away).

    Fourth, he was deceived into what amounted to an questionable search and surveillance of his correspondence.
    Maybe, but I don't think it was unconstitutional or anything. Facebook is, if not public domain, moreso than one's own home, and the guy friended someone he didn't know voluntarily.
    And as I said, this would probably have been legal for any private citizen to do anyways.


    The kid was dumb to make a plea of no contest.
    Not if it was only a minor penalty, as I am assuming it was, since otherwise the costs and trouble of a court fight would probably have been greater than the penalty he received.

  2. #102
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    Re: Facebook friend turns into Big Brother

    Quote Originally Posted by Dav
    How so?
    1. Holding a beer is not illegal.
    2. Saying that you are an underage drinker is not illegal.
    3. Photos can be easily manipulated.
    4. They have no proof that this was his Facebook.

    In order for them to have a successful case they would have to prove that he is in fact the person in the photos, that the container he is holding has beer in it and that he drank from a container that has beer in it. You cannot get any of this from a photograph.

    Not if it was only a minor penalty, as I am assuming it was, since otherwise the costs and trouble of a court fight would probably have been greater than the penalty he received.
    I'm sure he could find something to sue the state for to compensate.
    Last edited by Khayembii Communique; 12-14-09 at 12:10 AM.
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  3. #103
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    Re: Facebook friend turns into Big Brother

    Quote Originally Posted by Dav View Post
    I'm not sure that would be legal for even a private citizen to do.
    Sure it is. What's illegal about it?

  4. #104
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    Re: Facebook friend turns into Big Brother

    Quote Originally Posted by Ethereal View Post
    Sure it is. What's illegal about it?
    Well, for one thing, a house is much more private than a facebook page, so it is much more objectionable to request to enter one's home under false pretexts than to request to become a Facebook friend under no pretexts at all (though I suppose you could make the case that no pretext = false pretext).

    Also, when you let a stranger in your house, you are not consenting to let them search every inch of it; but if you friend someone on Facebook, since you have control of your privacy settings and since you decide what goes up there based on what you want others to see, you are basically consenting to let that person see everything that your friends can see.

  5. #105
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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?
    Right off the top..
    The police have too much spare time, if they have nothing better to do that this, which is a type of harassment.
    Have you ever noticed that the police seldom if ever are laid off due to a lack of meaningful work.
    And there are many problems, I think, and we do not need police to settle them.
    Just better people.

  6. #106
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    Re: Facebook friend turns into Big Brother

    Quote Originally Posted by vauge View Post
    Court is a different matter. There should have been a WARRANT to sign up on his page to be able to use it as evidence. Here, they obviously are ignoring that process. You know, due course.


    They decided he was guilty by pictures. When the guy could have been drinking anything.


    Sadly, you are correct.
    Let's see, who was bitching about warrantless wiretapping? Wasn't it the party now in power?
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    Re: Facebook friend turns into Big Brother

    Quote Originally Posted by American View Post
    Let's see, who was bitching about warrantless wiretapping? Wasn't it the party now in power?
    Yes - when warrants are actually legally required, and the law makes it very clear that they are.

  8. #108
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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?




    Yes, If you are that big a moron to post you doin illegal activities on a public site, then you get what you deserve....
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  9. #109
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    Re: Facebook friend turns into Big Brother

    Quote Originally Posted by vauge View Post
    They decided he was guilty by pictures. When the guy could have been drinking anything.
    I was thinking the same thing. Even if he was pouring some amber liquid all over his face and down his throat straight out of a beer bottle, there is no way to PROVE that is was alcoholic, let alone prove that the photos were not manipulated. The probability is high, but that's as far as it's possible to go. I'm amazed the cops and the judges were able to pull this off at all. I guess the kid was also dumb enough to just roll over anyway, so maybe it was a 'teaching opportunity'?
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    Re: Facebook friend turns into Big Brother

    This guy should have just said that the pictures came form a recent trip to Mexico or Canada.

    He can say, "Yes I was drinking alcohol. I was doing so legally."

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