wtf?!?!?!?!
 

ok, so my computer gets stolen by my brother :(. i called the cops they recovered it, and then they decided to search it, detective said that he found one "questionable" picture on it, thats amazing that he found one in about 80,000 that are on my computer. and he said he is going to have a pediatrician come in tomorrow(on a saturday?) and see if the pediatrcian thinks that she might be legal or not. if she is i get my computer back, if she isnt then he said i may get arrested or i might have to help him find the model release to prove it or, help him find the person who took the pictures. anyone got any legal advice on thsi matter? any kind of help whatsoever is greatly appreciated. im freaking out here. i have till tuesday to figure out something because thats when i meet with the detective.

do you think that 1 pic in 80,000 is enough to stand on in court for the prosecutors? should i worry? anyone know anything about washington state law on these maters? or recommend a good attorney in washington? i need help! is them searching my computer like that legal? they are claiming it is. i think its entrapment.

HELP?!?!?!

Holy Fuck ... That Blows !!

I know how anal you americans are about crucifying people with 1 image on your pc ... I am no lawyer, but I think they have the right to do that ... kinda sucks:(

Getting yourself an attorney would be the first thing I'd do. And in my opinion, I don't think they have the right to search your computer.

Did they really go through each pic? Wtf!

1 in 80,000?

hate to break this to you... but it doesn't matter if its 1 in 80,000,000,000,000,000,000,000

1 in 80,000 is treated all the same as 50,000 in 80,000.

Holy, thats fucked.

somehow i doubt he went through every single picture individually, there must have been something about the picture or the folder it was in that made it stand out. was it under folders called like 'teen' or 'barely legal' or whatever?

regardless, it seems bizarre for them to do this in the first place, maybe your brother narked you or something to try and divert attention from himself? why they would go through the effort to setup and search a random computer is beyond me.

Good luck.
Not sure if its good to post the pic to this board because it might help you if people on this board regonize it. Anyway, I wish you the best and good luck! ...

my next question though is Why The Fuck do you involve the cops if it was your brother who stole it ???

I would be very leary in involving the cops in anything remotely concerning my computer, given the biz I am in ... I am 100% against CP and make no bones against it ... but when you surf thousands of sites, you are bound to have at least ONE image that is questionable ... and sadly that ONE image is all they need ... Just ask Mike Jones (and before guys who know a certain somebody on this board ... no, not him !!). I am talking about the content guy (L & M)

Tell them you got that picture from FADE19.

sounds reasonable to me

Im new here whos fade?

Okay let me preface this by saying that I am no lawyer.

However I learned one thing a long time ago...the law is like Count Dracula.

Now with those who are familiar with the movies, etc you will remember Dracula could never enter your house until you invited him in.

Now the same thing with the law.

You call the police and tell them your brother stole your computer and they recovered it. Well the computer is now states evidence and once in their possession they can do anything they wish with it.

That is why if you have anything bad remotely going on inside your pad i.e. a big bag of weed sitting out on the coffee table etc don't invite the cops in if they arrive at your front door.

A cop in most cases can only enter a premise if a call has been made and they believe a crime has been committed.

Now the next step is to get into your front door. Once inside your front door anything within sight is fair game...if they can see something from where they are that gives them probable cause to investigate further they can and will do so.

So once again the best thing to do is not to invite Count Dracula inside your house :winkwink: then he can't suck your ass dry.

Now in your case I would find a lawyer and I would find one damn quick...do not answer anymore questions without a lawyer present.

And if they decide to pursue a case against you...well then man I do not know what to tell you but the fact that is that the computer was also in your brother's possession, you just might be able to deflect some of this off of you and onto him.

Just becuase they saw the comp doesnt give them right to search it, go on improper search they needed a warent to open it up.

They did not just SEE the comp...it was taken as evidence from the thief after a crime was reported.

The computer was "recovered" from his brother's house/apt by the police...so as it is now physical evidence of a crime they can do just about anything they want with it.

of course they can and they must search it.
It's like finding a stolen car which is full of drugs and they return it to the owner without checking it.

call the jerry springer show

anyone know of any damn good attorneys that are cetified to work in washington courts?

ill waste my lifes savings fighting this before i go to jail for bullshit charges. they have been wanting my ass in this county forever, if anyone lives in any shitty small towns and were a trouble maker as a juvenile you know what im talking about, vindictive local police departments can be fuckers. thank god im getting out of this rat hole town as soon as i get my comp back.

can anyone provide me any links to contriversial CP trials or anything related that i might be able to look at and read. or use? :) probably too much to ask for. my county just got done being sued for 5 mill because they prosecuted 60+ people on false child molestation charges. because a detective had a grudge. they proved it was false and sued the county.

and to answer a few more questions apprently my brother told them they can search it. he was never prosecuted and wont be, so technically it wasnt evidence. and its not his, its mine, so they would of had to ask me or get a search warrant.

i know there are a few attorneys that post here occasionally, feel free to post any input you have that may help me at this juncture. cause im lost and kind up freaking out, best advice iv had so far is to just leave town, but im a man and wont run from this shit.

thanks to anyone who has provided any advice or helpful insite.

anyone got any links to content that i can show thier "expert" that looks young, that i can challenge him with and them prove that its totally legal.

and once i talk to them would it be a bad idea to post the "questionable" picture here so maybe osmeone can help me locate the content maker?

if your brother stole your car and left a pound of heroin in the trunk would you get arrested?

yes: you're fucked
no: tell the cops your brother did it

You're fucked, if that girl looks young and you can't prove otherwise you'll serve at least 3 months for having child porn.

You shouldn't of had had girls that look that young on your pc anyway, and they only found one, they are probably looking for more as we speak and going through your deleted files. If you've anything called lolita or youngteens etc i'd be sure to get the lube because you'll be serving hard time.

Very bad idea, you're then distributing child porn, and i'm sure the people who own this site would be beyond pissed.

I also doubt you'll get the computer back anyway. They'll need it for the trial.

Me thinks you are full of shit. Good thread discussion though. You will do well here. :thumbsup

Do you know the specific pic they are referring to? If you do perhaps you can dig out the 18 usc title info/license info and give it to them? (I'm assuming you have licenses for all your content)

Or if it's sponsor content contact the sponsor and ask them for the USC and license info?

Is this pic referring to content that you've purchased, or to an image that you came across while surfing that stored on your pc??

Obviously it's just a picture he found whilst on hotteensexyforumsfreepicsxxx.net Otherwise he wouldn't be looking for the copywrite owner details.

That's really fucked up if it was only an image came across while he was surfing! So how do you get rid of all the images you've come across surfing that are stored in your pc besides getting evidence-eliminator or internet eraser? Is clearing your cache enough?!

wow, that is a good question, shitty problem, but a good question. some comments:

first off, it is not entrapment, no way, no how

secondly, if it is purchased content, hopefully you have Title 18 stuff to go with it, this is why you need that stuff

whether they have the right to look into your hdd is the primary question here, I will be contacting a lawyer friend of mine immediately, hopefully will have an answer, and/or a referral for you soon

Did I mention that I firmly believe this is BULLSHIT?

Next time password protect your computer :winkwink:

Any pictures you save will always have a record on your pc if you a microsoft software user.

Go to http://www.fuckmicrosoft.com/ to find ways to access the secret file and see, i don't think you can delete it but it will give you an idea exactly what the cops could see.

Even if you delete the picture it is still saved on your pc, you just can't see it now, its waiting to be deleted over, only way to be sure it is gone is format. But again that microsoft file still holds the info that will be need to fuck you if needed.

If you've ever saved anything even remotly illegal then never involve cops or pc repair places. Dump it in the river and get a new Dell.

From http://www.fuckmicrosoft.com/content...en-files.shtml


There are folders on your computer that Microsoft has tried hard to keep secret. Within these folders you will find two major things: Microsoft Internet Explorer has not been clearing your browsing history after you have instructed it to do so, and Microsoft's Outlook Express has not been deleting your e-mail correspondence after you've erased them from your Deleted Items bin. (This also includes all incoming and outgoing file attachments.) And believe me, that's not even the half of it.

When I say these files are hidden well, I really mean it. If you don't have any knowledge of DOS then don't plan on finding these files on your own. I say this because these files/folders won't be displayed in Windows Explorer at all -- only DOS. (Even after you have enabled Windows Explorer to "show all files.") And to top it off, the only way to find them in DOS is if you knew the exact location of them. Basically, what I'm saying is if you didn't know the files existed then the chances of you running across them is slim to slimmer.

I think:
#1 this is bullshit
#2 if it is true, you have an easy case since they had no right to search it.

The computer was not in your possession, you reported a crime, they had to retrieve the stolen property which was in your brother's possession, he gave them permission to search the computer...so you are fucked.

If this is true then let's use some common sense here folks.

yes its true, ill scan some police business cards and police reports as soon as i have them, if you dont believe me then go fuck yourself's.

any legal advice would be greatly appreciated.

thanks

It's interesting to me how the cops could invoke the "in plain sight" rule (which is about the only way I can think the content of the computer could become their business) when all they were asked to do was retrieve a stolen computer. If they retrieve a stolen car, do they automatically have the right to tear it apart searching for cocaine?

I know one website owner who will not even look at another site because he doesn't want any images on his computer to which he does not have or have access to (via the provider) the age ID documents.

Well I don't know if they can invoke the in plain sight rule in this case or not...but the fact that the computer was not in his possession but his brothers and when the cops asked if they could look through it the brother said yes is key here.

This would be more similar to using a friends car and giving the police permission to search it when asked.

just give the poor guy the name of an attorney.....he would be on death row real soon if he followed some of the advice given here

I'm revitalizing this thread to see if there's an update.

would not worry about it.

well nothing good has came since, they still have my computer, they claimed they found 1 "questionable" pic so they took it to a better lab to search it more throughly. they executed a search warrant on my house(which i moved out of before they searched it.) and they took 2 floppies(of banner ads someone designed) and 2 cd-r's(miscellaneous files and mp3's im not really sure what all was on them) must not have been too important if i left them behind. the signed search warrant was good for ten days(it said) but they searched my home 11 days after it was issued.

anyone know any good attorneys in washington state?

Tell me you aren't the one I saw on the news for being busted for distributing child porn on KING 5...