Police tactics question
I've often heard of the police/postmaster mailing someone child pornography prior to going in and busting them for possession of it. What are the legal matters in such cases? Thanks, -Allen
Excerpts from internet.cypherpunks: 6-May-96 Police tactics question by "E. ALLEN SMITH"@ocelot.
I've often heard of the police/postmaster mailing someone child pornography prior to going in and busting them for possession of it. What are the legal matters in such cases?
According to Bruce "Comstock was an amateur" Taylor, it's only legal for the Feds to let child porn out of their hands if they can monitor it. That is, they can let the postman deliver it to you, but they'll lie in wait and grab you when you tear open the envelope. -Declan
At 7:09 PM -0400 5/6/96, Declan B. McCullagh wrote:
According to Bruce "Comstock was an amateur" Taylor, it's only legal for
No, no, no, no, no.... It's Bruce "Penis with a Blister" Taylor. Remember? Cheers, Bob Hettinga ----------------- Robert Hettinga (rah@shipwright.com) e$, 44 Farquhar Street, Boston, MA 02131 USA "If they could 'just pass a few more laws', we would all be criminals." --Vinnie Moscaritolo The e$ Home Page: http://thumper.vmeng.com/pub/rah/
One of my students has written a paper that may answer some of your questions, Online Stings: High Tech Entrapment or Innovative Law Enforcement?, by Jeffrey D. Weinstock http://www.law.miami.edu/~froomkin/seminar/papers/weinstock.htm other student papers on Internet topics can be found at: http://www.law.miami.edu/~froomkin/seminar/papers/ Note: these are *student* papers. Not everything in them is exactly right. And no, I won't tell you their grades. On Mon, 6 May 1996, E. ALLEN SMITH wrote:
I've often heard of the police/postmaster mailing someone child pornography prior to going in and busting them for possession of it. What are the legal matters in such cases? Thanks, -Allen
[The above may have been dictated with Dragon Dictate/Win 2.01 voice recognition. Be alert for unintentional strange word substitutions.] A. Michael Froomkin | +1 (305) 284-4285; +1 (305) 284-6506 (fax) Associate Professor of Law | U. Miami School of Law | froomkin@law.miami.edu P.O. Box 248087 | http://www.law.miami.edu/~froomkin Coral Gables, FL 33124 USA | It's warm here.
I've often heard of the police/postmaster mailing someone child pornography prior to going in and busting them for possession of it. What are the legal matters in such cases?
Well, that's how they busted the Amateur Action BBS from what I remember. Basically they mail you the porno, arrest you as soon as you pick up the box, and then that gives them probably cause to get a warrant to rip apart your computer and charge you with other things. The charges that were filed against Robert Thomas (sysop of the AA BBS) for picking up that box were eventually cleared, but he was convicted of other charges apparently. So it's more used as a tool to find other charges. Those charges are eventually dropped.
Thanks, -Allen
-- Matt Smith - msmith@unislc.slc.unisys.com "Nothing travels faster than light, with the possible exception of bad news, which follows its own rules." - Douglas Adams, "Mostly Harmless" Disclaimer: I came up with these ideas, so they're MINE!
participants (5)
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Declan B. McCullagh -
E. ALLEN SMITH -
Michael Froomkin -
msmith -
Robert Hettinga