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re: "A Teen Sexting Case Revealed How Judges Let Police Invade Children’s Privacy"

Posted on 1/26/18 at 11:08 pm to
Posted by tLSU
Member since Oct 2007
8684 posts
Posted on 1/26/18 at 11:08 pm to
This is kind of a simplification /dramatic spin on this. It's a civil suit where the officers are claiming qualified immunity. The standard to overcome that is very, very high. The Plaintiff basically has to show that unless every reasonable officer in this position would have known that this was a violation of a clearly established Constitutional right, the officer is entitled to QI. Clearly established essentially means another court would have had to find this same action unconstitutional, and even a split in circuits is enough to kill it.

In other words, it's trying to fit strange facts into a very high burden applied in a complicated way.

The dissenting judge's reasoning is basically "the guy was acting pursuant to a court order. If officers can't rely upon that, what can they rely on. Take up your issue with the judge, who should have never issued it. Once it is there, it's an order, so you can't say he's acting unreasonably." It'd produce a negative outcome, but it's not necessarily a wild line of thinking legally.
This post was edited on 1/26/18 at 11:11 pm
Posted by keakar
Member since Jan 2017
30152 posts
Posted on 1/26/18 at 11:38 pm to
ok as a 17 yr old the cops just committed a sex crime on a minor and by taking pictures and recording it on a phone are guilty of child pornography. forcing him to do it in front of others makes them also guilty of a sex crime on a minor.

tell me how what i said isnt true
Posted by PowerTool
The dark side of the road
Member since Dec 2009
23224 posts
Posted on 1/26/18 at 11:43 pm to
The Cato write-up left out some key facts:

LINK

quote:

A Manassas City police detective, who was the lead investigator in a controversial teen “sexting” case last year, shot and killed himself outside his home Tuesday morning as police tried to arrest him for allegedly molesting two boys he met while coaching youth hockey in Prince William County.


quote:

Abbott was the lead detective in a child pornography investigation last year in which a Manassas City teen was charged with sending explicit video of himself to his girlfriend. In order to establish that the teen was the person in the video, Abbott and Prince William prosecutors obtained a search warrant to take a photo of the teen’s erect penis, for comparison with the explicit video.




TL/DR: The cop was a pervert who offed himself when other police came to arrest him.

This post was edited on 1/26/18 at 11:48 pm
Posted by sloggdogg81
Member since Sep 2009
71 posts
Posted on 1/27/18 at 12:04 am to
The truth is that a Judge signed the search warrant for this. Therefore the Judge is the one who approved of this action, not the police. Police submit the warrant, judges approve them.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115482 posts
Posted on 1/27/18 at 7:42 am to
Actually, it was probably the judge's clerk, who didn't even read it.
Posted by tLSU
Member since Oct 2007
8684 posts
Posted on 1/27/18 at 7:46 am to
That doesn't really happen with warrants. You actually have to be sworn in. The more likely scenario is that the judge never read it and just signs the warrant right away.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
115482 posts
Posted on 1/27/18 at 7:48 am to
quote:

That doesn't really happen with warrants. You actually have to be sworn in.


Not always. Many times, an affidavit from the cop is all that's required (not read either). I suspect this judge is a well known "rubber stamp" for the cops and they waited until he was the duty judge.
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