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Toronto Police Use Facebook Picture in Online Lineup

An anonymous reader writes "A 28-year-old woman was recently accused of assault and arrested based on a thumbnail photo from her profile pic on Facebook. Artist Lizz Aston was identified in a lineup after police used a picture from her Facebook profile. From the article: 'In an interview she said, "I told the officer I was at an art opening for a friend, then went home with my boyfriend because he injured his knee. We stayed in for the rest of the night and I did research on the computer for an art installation I was working on. The officer didn't care ... I don't think the police looked into it further." Aston said, the officer "read me my rights. I was searched, finger printed and processed."'"

32 of 227 comments (clear)

  1. mistake #1 by Anonymous Coward · · Score: 5, Insightful

    You talked to the police officer.

    1. Re:mistake #1 by superwiz · · Score: 5, Funny

      Why mistake? Yesterday she was an unknown artist. Today she got her name on Slashdot.

      --
      Any guest worker system is indistinguishable from indentured servitude.
    2. Re:mistake #1 by corbettw · · Score: 4, Insightful

      Bears repeating: never talk to the police. They are not your friend, and they are not there to help you. They are there to close out a case as quickly as possible. Don't give them any ammunition to close it on you.

      --
      God invented whiskey so the Irish would not rule the world.
    3. Re:mistake #1 by DaHat · · Score: 5, Insightful

      I dissagree... the police are fine to talk to when you go to talk to them about something... a basic (but not legally binding) opinion/clarification of a specific criminal law, a break in in your home, a stalker, reporting unsafe drivers, a lost purse you found on a sidewalk (all things I've done... including #5 yesterday)... it's when they come knocking at your door and you are in their sights you alas have to be extra careful due to the whole "Anything you say can and will be used against you" bit.

    4. Re:mistake #1 by Darinbob · · Score: 4, Insightful

      The trouble is that this attitude perpetuates the us-versus-them state of affairs that has been growing. If we want to get back to having police serve and protect then we have to stop treating police as a whole as the enemy and instead single out the bad actors. If people just have a knee jerk reaction that all police are self serving and say so loudly at every opportunity, then the police will become more insular, more resentful of the general public, and the problems will exacerbate. There's nothing like telling the young idealistic police officer new to the job that he's an asshole; it's a great way to make friends.

    5. Re:mistake #1 by proverbialcow · · Score: 5, Funny

      Why mistake? Yesterday she was an unknown artist. Today she got her name on Slashdot.

      ...the hub of taste-makers and cognoscenti of the art world.

      --
      The only surefire protection against Microsoft infections is abstinence. - The Onion
    6. Re:mistake #1 by proverbialcow · · Score: 4, Funny

      Oh great, now you had to go and make it erotic.

      --
      The only surefire protection against Microsoft infections is abstinence. - The Onion
    7. Re:mistake #1 by Zibodiz · · Score: 5, Insightful

      Not all police are bad, it's just that 95% are giving the other 5% a bad name.

    8. Re:mistake #1 by sco08y · · Score: 4, Insightful

      I dissagree... the police are fine to talk to through a lawyer

      FTFY. Basic principle: if there's no tangible benefit that outweighs the risks / costs, don't bother. In most situations, the question that makes it clearest is, "is it worth paying a lawyer or some professional to discuss this?"

      The reason isn't that cops are bad or crooked. Your mistake is you think, well, I'm a good person, so I should report bad people to the cops, and the end result will be Justice!

      But you have to look at it from the cop's perspective: they don't see a dispute with a good person and a bad person. It's almost invariably two lying assholes, and if one person looks honest, he's probably just a better liar.

      And from your perspective, this other person is a bad person; you tried handling it like adults, but they are so anti-social that you want to call the cops on them! Base on prior behavior, you would expect that they're going to lie their asses off with the intent of using the law against you as a weapon.

      But let's look at your examples:

      a basic (but not legally binding) opinion/clarification of a specific criminal law

      I think this perfectly illustrates the principle. You're wasting your time and theirs. "Not legally binding" means "worthless." You also undervalue actual legal advice. At my present job, I took my employment contract to a lawyer and we went over it for an hour. For $250, I've got a professional opinion of what I've legally agreed to, not what the HR guy thinks I agreed to. The practical benefit is that if we get into a dispute, there's a much greater chance that we can resolve it like adults, and I can say, "no, this is what my lawyer says it means."

      a break in in your home

      After you've consulted your homeowner's insurance company, sure, file a police report. Your insurance company actually has extensive experience with that area of the law and can advise you on how to safely report the break in. And the report may be necessary to collect the insurance, so there's a tangible benefit.

      a stalker

      Stalking is invariably a case where two parties have a history of grievances against each other, and that's *exactly* the case where you want a lawyer to help resolve it as quickly as possible. The police are useless: they just want you to quit bothering them. (And, to be fair, can you imagine anything more awful than dealing with domestic squabbles?)

      reporting unsafe drivers

      Which is going to accomplish what? Again, if it's not worth the hassle and expense of a lawsuit, don't bother. And, again, driving is an area where you routinely get grievances on both sides. On the odd chance the police actually do something about it, this driver can lie to them and get you in trouble for filing a false report.

      a lost purse you found on a sidewalk

      Hell no! Good God, what if there are drugs (or any kind of residue) in the purse?! Or it was related to a serious crime? And there are *no* benefits, to you or anyone else. Most likely, that person is going to do the logical thing of retracing their steps, or someone else who is capable of not randomly dropping things they've strapped to their body can make use of it.

      I might ask a cop for directions or report a traffic light being out, because that's something that is immediately useful.

      Classic example that I actually did: I once called a police station because a buddy of mine had gotten drunk the night before and disappeared. What did they do? Told me to call hospitals to see if anyone checked in, and that they weren't going to do anything because (you have to admit this is true) idiots get drunk all the time and disappear. Call us again if he's gone for 72 hours or more.

      No benefit to me or anyone else whatsoever, and if he actually had disappeared, their primary lead would have been the idiot who called them.

    9. Re:mistake #1 by Zibodiz · · Score: 4, Interesting

      First off, it was a joke.
      That having been said, I (and several friends and family members) have been harassed by police mercilessly at times. I've had friends who were Sheriff's Dept, and will testify that some are great guys -- but I have never met a city or sate police officer who was even courteous. Oh, except for one, who (after giving me a ticket for not slowing down quickly enough coming into his town of 500 people) said "Thanks, have a great day!" in a snarky voice.
      I have a clean police record (except for breaking curfew when 13, and minor traffic violations), don't have an offensive bumper sticker or anything, wasn't a partier or any nonsense like that (c'mon, I'm on Slashdot), yet at one point, I was pulled over by police 8 times in two months, and given a ticket every time for one thing or another, including a failed headlight at 1am (even though we lived in a small town, where no stores were open at that time, and it had just failed that night -- I worked a night shift, and was on my way home), and a $400 ticket for not having insurance, because I couldn't find the slip fast enough (the cop gave me less than a minute to find it -- and the EXACT SAME OFFICER had pulled me over a week or so previous, so he knew I had insurance). I've been accused of being drunk more than once while on my way home from work, simply because it was 1am and I was a 20-something guy in a car alone.
      And my bad experiences don't just extend to traffic incidents. I was walking in the park one day when I saw a cash box laying in the edge of the lake, so I called the police to report it. Before calling them, I walked over to it (didn't touch anything), to make sure it really was a cash box, not a tackle box or something. When they showed up, they accused me of being involved in the theft, then once I had convinced them that I wasn't, I was severely chewed out for the fact I had left footprints near the scene ('disturbed the evidence', even though I stayed about 10 feet away).
      Oh, and another time, I was given a $45 ticket for 'uncertainty' (can you believe that's a crime!?!? I don't recall what the 'actual crime' was, but that's why the cop told me he was giving me the ticket.) because I went about 35 in a 45mph construction zone while in Denver, CO, while trying to get to my hotel. At the time, the city traffic made me nervous, as I had only driven in small towns.
      So yeah, I think I'm justified in my distrust of the police.

  2. Myspace by smc170 · · Score: 5, Funny

    Use Myspace! You could throw someone off a bridge and nobody would ever look there!

    --
    I am Jacks complete lack of Windows
    1. Re:Myspace by gstrickler · · Score: 4, Funny

      MySpace is the first place I would to find someone who has thrown people off bridges.

      --
      make imaginary.friends COUNT=100 VISIBLE=false
  3. "On the INTERNET!" by Daniel+Dvorkin · · Score: 4, Insightful

    That's all this story is, really. It's not a Facebook problem, it's a bad police work problem. People have been misidentified from photographs as suspects in a crime, and suffered as a result, since as long as there have been such things -- and police have been refusing to admit any wrongdoing, in this or any other aspect of their work, for at least as long.

    --
    The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  4. Re:So what? by mpoulton · · Score: 4, Informative

    You didn't read the article. She was arrested SOLELY based on a person's identification of her Facebook picture, completely out of context. She was not present at the alleged altercation, and had a solid alibi. They proceeded anyways.

    --
    I am a geek attorney, but not your geek attorney unless you've already retained me. This is not legal advice.
  5. Mistake #0 by Taco+Cowboy · · Score: 5, Insightful

    You put your pics online

    --
    Muchas Gracias, Señor Edward Snowden !
    1. Re:Mistake #0 by Grimbleton · · Score: 4, Funny

      He said, posting on Slashdot.

  6. It wasn't a lineup. by russotto · · Score: 4, Insightful

    In a lineup, you get a bunch of people who match the general description given by the witness, including one who you suspect. You then ask the witness to identify the guilty party out of them. You can do it in person or with photos.

    In this case, they apparently showed the victim a bunch of pictures of people who had "friended" the bar, got an ID based on that, and failed to investigate further -- just arrested, charged, and let her try to prove her innocence, which she was fortunately able to do.

    1. Re:It wasn't a lineup. by BitterOak · · Score: 5, Informative

      In this case, they apparently showed the victim a bunch of pictures of people who had "friended" the bar, got an ID based on that

      Please read the article more carefully. It says no such thing. What the article says is " 'I was recently accused of assault and arrested based on a thumbnail photo from my profile pic on Facebook,' she wrote on the very same Facebook page. 'Please let this be an eye opener.' " Nowhere does it say the police were the ones that used Facebook to identify her. It could well have been the victim that did so. Also, it doesn't say anywhere that she friended the bar, as you assert.

      Further on, the article says "She said she received an e-mail in January from a Toronto Police officer in 14 Division 'asking me to contact them about an incident that occurred at The Piston (on Bloor St. W., Nov. 19, 2011).' " Now this is just bizarre. Since when did the police e-mail suspects inviting them to come in and be arrested? And who in their right mind would accept such an invitation? I think there must be more to this story than we're seeing.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    2. Re:It wasn't a lineup. by russotto · · Score: 4, Insightful

      Since when did the police e-mail suspects inviting them to come in and be arrested? And who in their right mind would accept such an invitation?

      Stupid criminals and innocent people. It's true there are a lot of the former -- and the cops don't believe in the latter.

  7. Its not clear if the police used facebook ... by perpenso · · Score: 4, Informative

    Its not clear if the police used facebook. The victim of the assault *may* have used facebook on her own and then went to the police with the photo. From the article:

    "When she called an officer told her "there was an altercation at the bar, two girls got in a fight and the girl who was assaulted has pointed you out as being her assaulter through a photo on Facebook.""

  8. Re:So what? by LordLucless · · Score: 5, Informative

    I think you're missing the point.

    The headline's trying to beat-up the Facebook connection, to tie into the anti-Facebook zeitgeist that pervades Slashdot. The actual story is that police didn't actually investigate thoroughly, and ignored all other evidence. That would have been a problem even if they'd used, say, a photo from a school yearbook, or from a publicity shot from her art exhibition.

    In short, the summary's trying to turn the story into a "OH NOES! Facebook is the end of privacy!" when really it's a "OH NOES! Police are sloppy and lazy" story.

    --
    Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  9. Police lineups are a sham by VinylRecords · · Score: 5, Informative

    Mistaken eyewitness identification is one of the leading causes of false arrests and convictions. The average civilian is absolutely terrible with memorizing and correctly identifying the actual guilty suspect.

    Even worse is that most police lineups and photo arrays (or photo lineups) are presented as a "multiple choice" test. Where the victim or accuser feels like they must choose someone rather than admit that they don't recognize anyone or are unsure. They'll just pick the closest person that they think fits the person that they saw earlier. And earlier might be hours, days, or even weeks or longer. Academic studies have shown that if you give the average person a lineup of random innocent people that most people will finger one of them for the crime.

    And of course we have police that coach someone going into a lineup. "Here we have suspects one, two, three *cough* FOUR, and five. Please identify which suspect you think robbed the convenience store". "Uh....it was person number four".

    And lastly, one of my best friends is a cop,and he says as a joke that they put cops into lineups all of the time. Then they bet if the civilian will identify the cop as the shooter or rapist or whatever. I know one department even had a jackpot where if you went into a lineup and got chosen as the criminal you got a free golf club.

    1. Re:Police lineups are a sham by bitt3n · · Score: 5, Funny

      if you went into a lineup and got chosen as the criminal you got a free golf club.

      my department does this, and you're absolutely right about how bad people are at identifying perps. you wouldn't believe how many homicides I had to pull off before I got my goddamn nine iron.

    2. Re:Police lineups are a sham by Dyinobal · · Score: 4, Informative

      To be the fair the one time I was involved in identifying a suspect the police handed me a huge book with a bunch of pictures and to select the two guys I saw. I selected one correctly, and I didn't select the other suspect they had. It was enough how ever to put the one of the pair in the area and they managed to get him to cave on his buddy. I was in no way coached though and the detective was very professional about it.

  10. Re:So what? by Anonymous Coward · · Score: 5, Insightful

    You're missing the point of the article. She claims she wasn't in the bar that night.

    No, that's the point of the summary. The article makes things less clear. In the article a victim identifies her using a photo. The accused shows the cops some text messages to suggest she was somewhere else. Given these unequal pieces of evidence, informing a person in such a situation that they are a suspect, reading them their rights and fingerprinting them seems a pretty normal thing for police to do. People get arrested and processed when they are mere suspects. The fact that the photo came from facebook isn't really relevant.

  11. Re:So what? by Dr+Herbert+West · · Score: 5, Informative

    "Police are sloppy and lazy" is not a story, or news of any kind. I respect police officers in general because I know they have a shitty job where they see the worst of everyone, all the time-- but I also know when invesitgating a crime they will always look for the easiest explanation that requires the least amount of paperwork, and preferably does not require them to get out of a squad car.

    Oh, and... don't ever talk to cops. They sent this person an email and she voluntarily went down to the station to "help" with the investigation? Silly rabbit. The only way you'll get me down to the station is if I'm served a warrant, or bailing a buddy out of jail.

  12. She received an Email? by inject_hotmail.com · · Score: 4, Insightful

    FTFA:

    "She said she received an e-mail in January from a Toronto Police officer in 14 Division "asking me to contact them about an incident that occurred at The Piston (on Bloor St. W., Nov. 19, 2011)."

    And then she did? WTF! That's the last thing anyone should do.

    So...you received an Internet message from someone claiming to be a cop? Step #1: Ignore it. There's no way on god's green earth that anyone should respond to a frickin' electronic message from a cop. Clearly the cops didn't think it was important enough to send a car around to her place. If she ignored it, it probably would have went no where. The only possible first step is contact a lawyer. She believed she'd be cleared because that she is innocent? What?! Is she new? Since when has that ever happened? Cops are interested in closing the file...if your name is in it, or someone else's, it doesn't matter.

    DO NOT TALK TO POLICE, especially on purpose. Talk to your lawyer, have your lawyer talk to police.

  13. Talking to the arresting cop. by Nethead · · Score: 4, Informative

    There is no need to talk to the arresting cop, there is nothing he can do. He's got a warrant with your name on it and he has to bring you in for booking. That's really all there is to it and there is nothing that you can do at that point that isn't going to cause you actually pain, and another charge. The cop has no choice. What is he going to do, go back to the detective that got the warrant and say you convinced him you didn't do anything? The judge signed the warrant, you beef is with him now.

    --
    -- I have a private email server in my basement.
  14. Re:So what? by stephanruby · · Score: 5, Insightful

    Yes, the actual story is that the police didn't do their jobs, but that's certainly not anything new and it's certainly not the only story.

    Another underlying story here is that given a big enough sample size, it's highly probable to find someone who's going to be a doppelgänger of the person you're looking for. This goes for a search on looks, partial fingerprints, or even partial dna.

    Historically, this hasn't been much of a problem, but as technology advances -- getting larger and larger samples sizes of data is becoming easier and easier even for the average police man, so this kind of problem is only going to grow and grow as time goes on.

  15. They don't serve and protect by ArchieBunker · · Score: 4, Insightful

    The courts have ruled several times that the police are under no obligation to protect you from anyone.

    In a few months that young idealistic officer will be tasing the elderly/children and lying through his teeth while under oath in court.

    There are no good police until there are no bad police. End of story.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
    1. Re:They don't serve and protect by msimm · · Score: 4, Insightful

      By your logic, there are no good people until there are no bad people. It's fine and dandy to lump people together glibly, but I don't see how it's intelligent or insightful.

      --
      Quack, quack.
  16. Re:So what? by Cwix · · Score: 5, Informative

    visual identification is pretty strong evidence.

    Go read this:

    http://en.wikipedia.org/wiki/Eyewitness_identification

    Then come back and apologize for making shit up.
    But since I know you wont here's a snippet. A quote from a Supreme Court Justice.

    Justice Brennan also observed that "At least since United States v. Wade, 388 U. S. 218 (1967), the Court has recognized the inherently suspect qualities of eyewitness identification evidence, and described the evidence as "notoriously unreliable"

    --
    You are entitled to your own opinions, not your own facts.