Police sued after computer seized.YEAH!

Matthew X profrv at nex.net.au
Tue Aug 27 14:39:50 PDT 2002


http://www.kansas.com/mld/eagle/news/local/3943815.htm
Wichita police sued by KC man
The 27-year-old says officers had no right to seize his computer while 
investigating an Internet chat room involving sex with minors.
BY TIM POTTER
The Wichita Eagle
The only thing Gary L. Moore Jr. is guilty of is having a sexual fantasy, 
which is no crime, his lawyer contends.
Wichita lawyer Steve Joseph includes the argument in a lawsuit filed in 
federal court Monday against Wichita police Detective Jennifer Wright.
The lawsuit contends Wright wrongly seized items from Moore, and it says 
authorities wrongly accused Moore of trying to have sex with a minor.
The lawsuit seeks at least $100,000 in damages.
State and federal charges against Moore have been dismissed, Joseph said. 
But Moore, a 27-year-old self-employed computer programmer from the Kansas 
City, Mo., area, has lost income and suffered "mental anguish" because of 
his arrest and the seizure of his computer, Joseph said.
Law enforcement officers have some immunity from lawsuits but not in this 
case because the seizure did not occur in good faith, Joseph said.
Spokesmen for Wichita police and the city legal department could not be 
reached for comment or declined to comment.
Authorities arrested Moore in March as part of an undercover investigation 
involving the exploited and missing child unit.
Joseph said Moore admits to using a computer chat room for adults that 
involved sexual role-playing.
Moore began an online chat with an undercover detective claiming to be a 
13-year-old girl, but Moore thought the person was an adult only pretending 
to be a girl, Joseph said.
Using phone calls with a woman's voice and a photo that depicted a woman 
trying to look like a girl, detectives "lured" Moore to a Wichita hotel, 
Joseph said.
Joseph said Wright had no probable cause when she seized computer equipment 
and other items from Moore's hotel room and car.
Some of the seizure went beyond the scope of a search warrant, Joseph said.END.
"I want to fly like an eagle..."





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