Judge: It’s OK for Cops to Create Fake Instagram Accounts

CommanderFrank

CommanderFrank

Cat Can't Scratch It
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May 9, 2000
Messages
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For all the crooks out there that just have to have social interaction via Instagram: Beware who you boast to and what you divulge, your new best friend may just be the police. A Federal judge ruled this week that consensual exchanges between the police and unsuspecting felons needs no special search warrant to aid in nabbing a suspect.

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.
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Stupid is as stupid does. If it gets thugs behind bars I'm ok with it.
 
So, how can you exercise your 5th amendment rights if you don't know you're talking to a cop?

/Another erosion.
 
Great, a retard representing himself has blown an easy case and now given the cops precedent to violate the 5th and 4th amendments more than they already do. Great.
 
Lith1um said:
So, how can you exercise your 5th amendment rights if you don't know you're talking to a cop?

/Another erosion.
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How is this any different than talking to a person on the street not identified as a cop?
 
Lith1um said:
So, how can you exercise your 5th amendment rights if you don't know you're talking to a cop?

/Another erosion.
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You have the right not to incriminate yourself. However it's long standing legal precedent that law enforcement can trick and deceive people into self-incrimination. I'm a huge Colombo fan and he was masterful at deception and getting people to incriminate themselves.
 
Lith1um said:
So, how can you exercise your 5th amendment rights if you don't know you're talking to a cop?

/Another erosion.
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I suspect you don't actually understand how the 5th amendment and probably most of the constitution works.
 
The case dealt with 4th Amendment rights to search without a warrant. Since 911 this amendment has stood entirely negated at our airports and borders, online and just about everywhere else. And if history has proven anything it's that this erosive process is strictly one-way: government never voluntarily relinquishes any power it gets, however temporary it's supposed to be, in fact the response is to push to expand the power wherever and whenever possible. The same erosive process has been seen elsewhere, e.g. it's the same one that converted the Weimar Republic into Nazi Germany. Or IOW I've been looking for those four magic but entirely non-existent words ("except for special circumstances") in our 4th Amendment for 13+ years now, still haven't found them.
 
JeffDC said:
The case dealt with 4th Amendment rights to search without a warrant.
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Not exactly:

The criminal case, known as United States v. Daniel Gatson, involves a man accused of perpetrating a long series of burglaries (taking primarily jewelry worth over $3 million in total) in New Jersey and neighboring regions. Gatson, representing himself in the case, had attempted to have the data collected from Instagram thrown out as he claimed there was no probable cause to search or seize such data.
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This guy tried to claim a 4th Amendment violation but the problem is that he shared the info with the cops via Instagram of his own free will. Why would a search warrant be needed for something freely offered on an Instagram account?
 
I am not seeing how there are any rights violations for information he was freely sharing on a social media site. He may as well have been standing on a street corner holding up pictures of his exploits.
 
zacrobmer said:
I am not seeing how there are any rights violations for information he was freely sharing on a social media site. He may as well have been standing on a street corner holding up pictures of his exploits.
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Exactly. You have the right not to incriminate yourself. But if you do it of your on free will, even if you're being deceived, there's nothing illegal about it and it's been this way forever.
 
Shit. I might be screwed guys. If my Facebook feed is to be taken seriously, I'm going to prison for a long time. I've raped, pillaged, bought tons of hookers and blow (killed the hookers to get my money back), and a lot more. Fuck.
 
Well, don't say cocaine and stuff. And make sure you got a lot of coke bottles and cans around so you can say that's what you were talking about.
 
JeffDC said:
The case dealt with 4th Amendment rights to search without a warrant. Since 911 this amendment has stood entirely negated at our airports and borders, online and just about everywhere else. And if history has proven anything it's that this erosive process is strictly one-way: government never voluntarily relinquishes any power it gets, however temporary it's supposed to be, in fact the response is to push to expand the power wherever and whenever possible. The same erosive process has been seen elsewhere, e.g. it's the same one that converted the Weimar Republic into Nazi Germany. Or IOW I've been looking for those four magic but entirely non-existent words ("except for special circumstances") in our 4th Amendment for 13+ years now, still haven't found them.
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You know when you are trying to make a point you mostly lose any shred of credibility you have when you pick a total loser case like this to fight.

This is classic under cover work. In this case the police were voluntarily let in, if you are dumb enough to mix this up with those other issues then you do more harm to your cause than you help.
 
rudy said:
You know when you are trying to make a point you mostly lose any shred of credibility you have when you pick a total loser case like this to fight.

This is classic under cover work. In this case the police were voluntarily let in, if you are dumb enough to mix this up with those other issues then you do more harm to your cause than you help.
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If you think I'm claiming the wrong decision was made in this case, keep guessing. I'm talking about the overall erosion of our basic constitutional rights, pick any number between 1 and 14 and let's discuss it. All three branches of our federal government have failed to defend our Constitution, from our 4th Amendment to the opening and emptying of our Treasury to Communist thugs.
 
JeffDC said:
If you think I'm claiming the wrong decision was made in this case, keep guessing. I'm talking about the overall erosion of our basic constitutional rights, pick any number between 1 and 14 and let's discuss it. All three branches of our federal government have failed to defend our Constitution, from our 4th Amendment to the opening and emptying of our Treasury to Communist thugs.
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However this case doesn't make a very good example of anything you're mentioning here.
 
JeffDC said:
If you think I'm claiming the wrong decision was made in this case, keep guessing. I'm talking about the overall erosion of our basic constitutional rights, pick any number between 1 and 14 and let's discuss it. All three branches of our federal government have failed to defend our Constitution, from our 4th Amendment to the opening and emptying of our Treasury to Communist thugs.
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If the wrong decision was not made here then WTH does this have to do with eroding our rights?
 
I guess I expected this to be legal, although I think its shady. But I suppose if you aren't doing anything illegal, there is nothing to find right?
 
rudy said:
If the wrong decision was not made here then WTH does this have to do with eroding our rights?
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The only rights that seem to have been eroded here are the property rights of the owners of the stuff this person is accused of stealing.
 
This is something I don't really have a problem with cops doing. If you're doing something illegal / wrong then don't tell anyone about it. It's that simple.

The best kept secrets are the ones not told.
 
Lith1um said:
So, how can you exercise your 5th amendment rights if you don't know you're talking to a cop?

/Another erosion.
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I simply don't talk to cops. Not even a word. The very few times I've gotten pulled over they received the silent treatment. I provided them with documents (license and registration) etc., but I just do it silently. Those dirty fuckers are always trying to trick you. The only phrases you need to know when talking to a cop are:
  • "Am I being detained or am I free to go?"
  • "I in no way consent to any searches."
  • "If I am being detained I request legal consul."

Really good video that explains how innocent people get fucked by talking to cops: https://www.youtube.com/watch?v=i8z7NC5sgik
 
JeffDC said:
If you think I'm claiming the wrong decision was made in this case, keep guessing. I'm talking about the overall erosion of our basic constitutional rights, pick any number between 1 and 14 and let's discuss it. All three branches of our federal government have failed to defend our Constitution, from our 4th Amendment to the opening and emptying of our Treasury to Communist thugs.
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So you're just trying to stir the pot in this thread for shits and giggles?
 
canna said:
This is something I don't really have a problem with cops doing. If you're doing something illegal / wrong then don't tell anyone about it. It's that simple.

The best kept secrets are the ones not told.
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I shot a few people this morning. Paid a hooker for services, then whacked that bitch.

Oh... forgot to mention it was all in game.

Rappers would be screwed. They admit to crimes in damn near every song. They are out blowing people away every weekend as part of their gang shit. Online, people talk mad shit. I'd wager that most of it is made up BS. Pictures? Ok, I can see it a little bit. But, I don't like where it could be headed.

Of course, if I were to commit a real crime - I wouldn't post anything online, tell anyone that didn't need to know. It would be a huge secret. I'm sure there are some people out there that want to brag, and this is what that is for. They are posting on a public website that anyone can view. So, I don't see an issue with them making fake accounts (I can make a fake account, too). But, they should tread lightly on how it's used. It can't be the only evidence or method used for arresting someone.
 
I am going to tell you something you already know:

Anything you say or do can and will be used against you in court of law...

Just let those words mill around in your head for a bit and remember what you probably heard as a kid to think before you speak.

If an idiot wants to brag about XYZ criminal activity to ABC random person online via facebook/instagram/reddit/etc... they deserve to go to jail for the crime they are admitting to committing.
(There is a fine line between misrepresentation and entrapment and I won't get into that here.)
This is basically another example of darwin's theories of weeding out the herd.
 
FiveFig said:
I am going to tell you something you already know:

Anything you say or do can and will be used against you in court of law...

Just let those words mill around in your head for a bit and remember what you probably heard as a kid to think before you speak.

If an idiot wants to brag about XYZ criminal activity to ABC random person online via facebook/instagram/reddit/etc... they deserve to go to jail for the crime they are admitting to committing.
(There is a fine line between misrepresentation and entrapment and I won't get into that here.)
This is basically another example of darwin's theories of weeding out the herd.
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If you're being arrested, that's the way it is. So, you're saying that most rappers are guilty of the crimes they admit to committing? They are bragging about criminal activity all the time. It's fictional, though. Now, if a crime was committed, there is evidence showing that someone may have been involved, then you have them bragging online? Then, it shows a bit more credibility. That admission of guilt shouldn't be taken alone.

I'm sure a lot of us could be guilty of conspiring to kill a government official at one time or another...
 
Ur_Mom said:
If you're being arrested, that's the way it is. So, you're saying that most rappers are guilty of the crimes they admit to committing? They are bragging about criminal activity all the time. It's fictional, though. Now, if a crime was committed, there is evidence showing that someone may have been involved, then you have them bragging online? Then, it shows a bit more credibility. That admission of guilt shouldn't be taken alone.

I'm sure a lot of us could be guilty of conspiring to kill a government official at one time or another...
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I'm going to put as much effort into addressing your post as you did to mine, sound fair?

I didn't say a single thing about rappers, so I have no fucking idea what you are talking about.

Are you admitting to being guilty of conspiring to kill a government official? Which one? When did you do it? How? Why? :confused:
 
Ur_Mom said:
If you're being arrested, that's the way it is. So, you're saying that most rappers are guilty of the crimes they admit to committing? They are bragging about criminal activity all the time. It's fictional, though. Now, if a crime was committed, there is evidence showing that someone may have been involved, then you have them bragging online? Then, it shows a bit more credibility. That admission of guilt shouldn't be taken alone.

I'm sure a lot of us could be guilty of conspiring to kill a government official at one time or another...
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In some cases yes.

Google "Crackin' Cards".

A couple of the suspects were rapping about the crimes they were committing along with youtube videos of them doing it and posting Facebook and Instagram photos of them literally holding stacks of cash. For the most part the Facebook and Instagram photos were used for recruitment.

I have few hundred megabytes worth of those photos and screenshots in a network folder at the office.

However it is pretty widely known that 99% of what rappers babble about in their songs is made up bullshit.
 
Aren't fake accounts a violation of Instagram's EULA? They should sue the police.
 
How is this any different than an undercover cop wearing a wire talking to some thug while he admits to selling drugs or whatever?

It also doesn't automatically convict you. It still has to stand up in court and persuade jurors and if it's inappropriate, irrelevant or improperly obtained the judge can and will kick it and not allow it to be heard. I can assure you that cops are not creating fake Facebook accounts in the hopes of catching one of you guys admitting to smoking a joint so they can kick down your door and drag you off to some medieval prison. It's primarily used to catch child molesters, drug dealers, scam artists and so on. Cops couldn't care less about your hot midget porn pics.
 
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