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Judge: It's OK For Cops To Create Fake Instagram Accounts
An anonymous reader writes with a ruling that seems obvious in a case about police making a fake Instagram account. A federal judge in New Jersey has signed off on the practice of law enforcement using a fake Instagram account in order to become "friends" with a suspect — thus obtaining photos and other information that a person posts to their account. "No search warrant is required for the consensual sharing of this type of information," United States District Judge William Martini wrote in an opinion published last Tuesday. In other news, an undercover officer still doesn't need to tell you that he or she is a member of law enforcement if you ask.
> And then the public defender you're assigned because you can't afford a decent lawyer
Hold on just a second. There are many fine public defenders who happen to be far better than just "decent". They will not, however, be able to dedicate much time to your case. THAT is the issue with many PD's. Not that they suck or are not "decent" but that they are over worked.
Mod down people who tell people how to mod in their sigs
We have a winnnar! First thing I was taught is you say FOUR WORDS and ONLY FOUR WORDS when speaking to a cop, and those are "I want my lawyer".
But sadly you are incorrect because I've had to amend that to two sets of four words because thanks to a right wing SCOTUS things that should be fricking common sense no longer are so now along with "I want my lawyer" you have to say "I am remaining silent" but sticking to those 2 sets of four words will ALWAYS be to your advantage and not sticking to them is NEVER to your advantage.
ACs don't waste your time replying, your posts are never seen by me.
Overworked != lack of due diligence. Learn your terms.
I think the OP was expressing a desire that misleading people ought to have the same or similar check as search and seizure, and for similar reasons, and undercover operations are the kind of activity that would be sanctioned for limited periods.
Can you be Even More Awesome?!
"Our government... teaches the whole people by its example. If the government becomes the lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy."
"To declare that in the administration of criminal law the end justifies the means to declare that the Government may commit crimes in order to secure conviction of a private criminal would bring terrible retribution."
"The greatest dangers to liberty lurk in the insidious encroachment by men of zeal, well meaning but without understanding."
Prove anything by multiplying Huge Number times Tiny Number
Don't confuse creating fake IDs versus what the DEA is doing by taking real people's names and photos and creating web pages impersonating those people.
Yep. I had my Facebook account pillaged by law enforcement to collect a few personal photographs and harvest some of my biographical information. I only found out when a real-life friend asked me why I had two Facebook accounts and which should I use to communicate with me. At first I thought someone simply had the same first and last name but after visiting the alternate account's homepage I was stunned to see my face and some real information about me such as the name of my high school although my location was in another province in Canada, and even a few mutual friends including the girl I know in real-life. Apparently my alternate identity was being used as bait, as in "I" was soliciting, as part of a prostitution sting operation. Considering the nature of my real-life employment and the types of clients coming through our office on a daily basis there was a grave risk of danger to my life if certain clients matched the fake identity (not of my creation) and collided with my in-the-flesh self. I am not law enforcement but my job puts me in the presence of some unsavoury persons.
I think a useful clarification is never to speak to the police about anything outside of an actual deposition, or any other context in which you are under oath. Police might be able to get away with anything in an interrogation room, but there are rules in a Grand Jury and a deposition. People are under oath, and there are procedures which benefit you. The deck is stacked against you in the interrogation room, but it is much more even in an official proceeding.
It is to your disadvantage to speak to any law enforcement outside of these proceedings, or without an attorney present, in any situation. If you do, you're basically just trusting the cop not to mess with you, because just about anything is illegal these days since there are too many damn laws.
https://www.youtube.com/watch?...
This is a useful lecture at Regent Law school was illuminating to me a few years back. Basically, your 5th amendment rights are also designed to protect you against answering any questions which may in any way incriminate you, even if those activities are not the subject of a particular police investigation.
Unless you are actually under oath, you have exactly zero reason cooperate with law enforcement.