Fourth Circuit Holds Teen’s Privacy Rights Violated in Sexting Case

[Starman]

Edit: forgot to paste in the link from which this was taken.

https://www.courthousenews.com/fourth-circuit-holds-detective-violated-teens-rights-in-sexting-case/

RICHMOND (CN) – The Fourth Circuit Thursday has sided with a Virginia teen who claimed police officers violated his right to privacy by forcing him to masturbate as they gathered evidence against him for “sexting” his underage girlfriend.

Trey Sims, of Prince William County, Virginia, was 17 when he was arrested in 2014 for sending sexually explicit photographs and videos of himself to his 15-year-old girlfriend.

During the investigation of the case, a detective obtained a warrant to detain the boy, then demanded he masturbate while being filmed.

As described in the ruling written by U.S. Circuit Judge Barbara Milano Keenan, the detective hoped to get photos of Sims’ erect penis to compare with evidence gathered from the girlfriend’s cellphone.

After Sims failed to achieve an erection, the detective threatened to take the boy to a local hospital where he would be injected with “erection-producing drugs” if he did not comply, the ruling says.

When in doubt, jerk it out.

 

[littlelady]

When in doubt, jerk it out.

Wow. I don’t know if I should be skeptical, or scared.

 

[GURPS]

WTF is this Porky's ?


how is that even legal ..... where was the Lawyer or Parents

 

[Kyle]

WTF is this Porky's ?


how is that even legal ..... where was the Lawyer or Parents

this is one of Lefties stories so odds are high it’s bull####.

 

[GURPS]

Eventually, the detective assigned to the case, David Abbott, obtained a signed warrant to take photographs of Sims' naked body—including "the suspect’s erect penis"—so that he could compare them to Sims' explicit messages.

When this bizarre effort was unsuccessfully attempted, Abbott then obtained a second warrant authorizing police to escort Sims to a hospital for an "erection-inducing injection." This injection ultimately never took place after massive public outcry.

Abbott committed suicide in December 2015 when officers came to arrest him on separate charges relating to pedophilia.

Ultimately, Sims served one year of probation. By early 2016, Sims sued Abbott's estate, alleging violations of the Fourth Amendment, among other accusations.


https://arstechnica.com/tech-policy...r-cops-in-sexting-case-was-wrong-court-finds/



so in a sexting case, its OK for the Police aka the State to produce its own kiddie porn ....

 

[Hijinx]

Eventually, the detective assigned to the case, David Abbott, obtained a signed warrant to take photographs of Sims' naked body—including "the suspect’s erect penis"—so that he could compare them to Sims' explicit messages.

When this bizarre effort was unsuccessfully attempted, Abbott then obtained a second warrant authorizing police to escort Sims to a hospital for an "erection-inducing injection." This injection ultimately never took place after massive public outcry.

Abbott committed suicide in December 2015 when officers came to arrest him on separate charges relating to pedophilia.

Ultimately, Sims served one year of probation. By early 2016, Sims sued Abbott's estate, alleging violations of the Fourth Amendment, among other accusations.


https://arstechnica.com/tech-policy...r-cops-in-sexting-case-was-wrong-court-finds/



so in a sexting case, its OK for the Police aka the State to produce its own kiddie porn ....

Now this is a strange case. So the cop was a pedophile who got a warrant to look at this kids johnson ?
Who was the Judge who issued the warrant, and what is his excuse.?

 

[awpitt]

Now this is a strange case. So the cop was a pedophile who got a warrant to look at this kids johnson ?
Who was the Judge who issued the warrant, and what is his excuse.?

I was wondering the same thing.

 

[vraiblonde]

Now this is a strange case. So the cop was a pedophile who got a warrant to look at this kids johnson ?
Who was the Judge who issued the warrant, and what is his excuse.?

Where were the kid's parents and why did they allow this? Any lawyer, even a court appointed one, would have gotten this not only squashed but initiated a lawsuit against the cop. Of course, a kid who sends pics of his junk around isn't too bright, and likely his parents are durhards as well, but I'm still wondering how this pedo cop got away with this.

And kid? You don't sue the estate of the cop. You sue the city of Richmond, where the money is. Don't you watch TV?

 

[awpitt]

Where were the kid's parents and why did they allow this? Any lawyer, even a court appointed one, would have gotten this not only squashed but initiated a lawsuit against the cop. Of course, a kid who sends pics of his junk around isn't too bright, and likely his parents are durhards as well, but I'm still wondering how this pedo cop got away with this.

And kid? You don't sue the estate of the cop. You sue the city of Richmond, where the money is. Don't you watch TV?

A smart plaintiff would've sued the estate AND the city of Richmond.

 

[GURPS]

Where were the kid's parents and why did they allow this?

That was my thought ... where were the parents while the kid was being questioned ?
you are going to leave your kid alone with the Police during questioning



I Mean ok the cop gets the 'search warrant' for the photos ...
I am guessing there was more than one Q&A ...

and what kind of clueless Judge sitting on a Bench 'ok's' taking pictures of some Child's genitals
would the same Judge ok'd this, if it was a girl ....

 

[awpitt]

That was my thought ... where were the parents while the kid was being questioned ?
you are going to leave your kid alone with the Police during questioning



I Mean ok the cop gets the 'search warrant' for the photos ...
I am guessing there was more than one Q&A ...

and what kind of clueless Judge sitting on a Bench 'ok's' taking pictures of some Child's genitals
would the same Judge ok'd this, if it was a girl ....

There's no requirement for the parents to present when a kid is being questioned by police. The kid does have a right to have a lawyer present though.

 

[Hijinx]

The kid should sue the cop the city and the Judge. and lets not forget the money for causing ED.
When a kid that age cannot get it up it has to be a problem caused by the order, that should get him a few bucks also.

 

[PeoplesElbow]

a kid who sends pics of his junk around isn't too bright,

I would bet that half of all grown men have done something like this at one point from the number of women that have told me that guys have sent them dick pics completely unsolicited.

 

[BOP]

Now this is a strange case. So the cop was a pedophile who got a warrant to look at this kids johnson ?
Who was the Judge who issued the warrant, and what is his excuse.?

Probably a fellow NAMBLA member.

 

[Kyle]

Probably a fellow NAMBLA member.

you could've just said Democrat.

Same thing.