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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.

4 of 209 comments (clear)

  1. Re:Not seeing the issue here by hairyfeet · · Score: 4, Informative

    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.

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  2. Re:Not seeing the issue here by zippthorne · · Score: 3, Informative

    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.

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  3. Justice Louis D Brandeis by Tokolosh · · Score: 3, Informative

    "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."

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  4. Re: Not seeing the issue here by jtwiegand · · Score: 3, Informative

    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.