An Outrageous Warrant

[benenglish]

I really don't know how to rant and rave on this topic.

The short story is that the Manassas, Virginia police got a search warrant allowing them to photograph a 17-year-old's penis in an erect state in order to compare their photos to photos found on the phone of both the boy and a 15-year-old girl. This is an attempt to investigate a "sexting" (actually, "possession and manufacturing of child pornography") allegation against the young man.

After this warrant became public knowledge, a number of people said "That ain't right" and the police department has abandoned plans to execute the warrant.

Info here:

Police get warrant to take explicit photos of teen to prove a 'sexting' charge; family objects | Fox News

Virginia police back off plan to take explicit photo of teen in sexting case | Fox News

I know what I think about this but, after several draft attempts, I find I'm incapable of putting it into even moderately civil language, so I won't try.

There are some very deep issues here.

What do y'all think?

 

[Bozz10mm]

So, they want to photograph his penis? And show the photos to someone else? That's the same crime the boy is accused of. Two wrongs don't make it right.

 

[Charlie]

Sooooooooo .......... if they also take a picture, doesn't that make them (law enforcement) kinda', sorta' guilty of something if they allow someone to look at the pic?

 

[benenglish]

So, they want to photograph his penis?

They specifically obtained to warrant to photograph it erect. They were going to inject him with something to make it erect for the photos.

 

[CrazedJava]

As a parent I can get the phone company to block a number. If I really didn't want that young man sending my 15 year old daughter pictures of his...anatomy, I would pay the monthly fee for their special service and block his number and any other numbers he might use in the future. I know this because we had to do it for my son due to texting harassment (They were spamming and locking up his phone)

I don't know why the police would be trying so hard to investigate this as a criminal charge. They should be able to prove easily whose phone it came from. Even if they were able to procure the photos, how will that look to a jury? What kind of jury will be ok with how that evidence was obtained? What kind of judge would even approve that warrant?

I'm not even convinced real harm was done here. Even if those pictures were unwanted, it won't be the worse thing that girl sees in her life and it can easily be stopped by the parents. There are several ways of handling this without criminal charges being filed.

 

[Kaos]

Im really glad they didnt have internet and cellphones back when I was growing up... life was so much easier.

 

[Charlie]

News agencies need to find out who the judge was that signed the warrant!

 

[benenglish]

That's the same crime the boy is accused of. Two wrongs don't make it right.

... doesn't that make them (law enforcement) kinda', sorta' guilty of something if they allow someone to look at the pic?

Surprisingly, I don't see this as an issue. The police must be allowed to break laws (within well-defined constraints) in order to enforce laws.

Examples? If I dial 911, I want the police to break the speed limit getting to me. Vice officers in many cities, by department policy, actually have sex with the prostitutes they arrest.

So, this part doesn't really bother me.

Now, the concept that taking a picture of your own naked body, in and of itself, can be a crime? That does bother me.

 

[benenglish]

There are several ways of handling this without criminal charges being filed.

There are plenty of underage kids who have been convicted of manufacturing child pornography (along with jail time and all the sex offender registry baggage that entails) for taking nude photos of their own body.

 

[ZX9RCAM]

Im really glad they didnt have internet and cellphones back when I was growing up... life was so much easier.

If I had the internet when I was young, I probably would have killed myself, lol....

 

[ZX9RCAM]

Surprisingly, I don't see this as an issue. The police must be allowed to break laws (within well-defined constraints) in order to enforce laws.

Examples? If I dial 911, I want the police to break the speed limit getting to me. Vice officers in many cities, by department policy, actually have sex with the prostitutes they arrest.

So, this part doesn't really bother me.

Now, the concept that taking a picture of your own naked body, in and of itself, can be a crime? That does bother me.

It's only a crime when showed to others, correct, kind of like flashing would be?

 

[Charlie]

Surprisingly, I don't see this as an issue. The police must be allowed to break laws (within well-defined constraints) in order to enforce laws.

Examples? If I dial 911, I want the police to break the speed limit getting to me. Vice officers in many cities, by department policy, actually have sex with the prostitutes they arrest.

So, this part doesn't really bother me.

Now, the concept that taking a picture of your own naked body, in and of itself, can be a crime? That does bother me.

Agreed, as long as there are "........well defined constraints..)

This was unacceptable!

 

[benenglish]

It's only a crime when showed to others, correct, kind of like flashing would be?

Depends on the state for state prosecutions, I suppose. I'm no lawyer and I doubt even a good one would know the answer for all states.

Federally, though, the kid doesn't have to show the picture to anyone. I believe (again, IANAL) the same is true in most states. If the police searched his phone (prior to the recent SC decision) when they arrested him for something else and found he was taking pictures of his own privates, he can be prosecuted for possession of child pornography.

Virginia seems especially keen to do prosecutions like this. They have a guy in jail over there for possessing child pornography and part (not all) of the multiple convictions they got were for cartoons, Japanese hentai animation with young-looking characters.

 

[Vaquero]

"Porky's law".

 

[ZX9RCAM]

Hard to imagine one could be arrested for taking pictures of themselves.

<smdh>

 

[benenglish]

"Porky's law".

OK, I saw the movie but I guess it's been too long for me to understand.

 

[benenglish]

<smdh>

Me, too. In anger.

 

[Vaquero]

I really can't figure out how I feel either.

It's so far out in the grey area, I'm leaning both ways.

 

[Odiferous]

So the police wanted to produce and distribute child pornography?

Imagine that...

 

[Army 1911]

Whoever issued the warrant sucks........or maybe not!