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posted by martyb on Friday December 08 2017, @10:03PM   Printer-friendly
from the touchy-subject dept.

A federal appeals court ruled Tuesday in favor of a Virginia man who, as a teen, was once ordered by a lower court to be photographed while masturbating in the presence of armed police officers.

That warrant was ostensibly part of an ongoing sexting investigation into the then-teen, Trey Sims, who had exchanged explicit messages with his then-15-year-old girlfriend. Her mother reported the incident to the Manassas City Police Department in January 2014.

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.

[...] The 4th Circuit ruled that Sims' lawsuit against the estate of the now-deceased officer who had led the sexting investigation, David Abbott, could move forward. "We cannot perceive any circumstance that would justify a police search requiring an individual to masturbate in the presence of others," two of the 4th Circuit judges wrote. "Sexually invasive searches require that the search bear some discernible relationship with safety concerns, suspected hidden contraband, or evidentiary need."

The case will now be sent back down to a federal district court in Alexandria, Virginia.

Source: https://arstechnica.com/tech-policy/2017/12/forcing-kid-to-masturbate-for-cops-in-sexting-case-was-wrong-court-finds/


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  • (Score: 3, Insightful) by Snotnose on Saturday December 09 2017, @12:09AM (15 children)

    by Snotnose (1623) on Saturday December 09 2017, @12:09AM (#607520)

    but even then I doubt I could have gotten a hard on with a bunch of dudes with guns pointed in my general direction watching me.

    Seriously, I like to think I could. But truth be told, in that environment I'm be 20 times more likely to be shitting my pants than getting a hard on.

    / especially after watching that dude in the hotel in Tuscon that was executed by a cop for the sin of being on the wrong end of the cop's gun

    --
    My ducks are not in a row. I don't know where some of them are, and I'm pretty sure one of them is a turkey.
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  • (Score: 1, Interesting) by Anonymous Coward on Saturday December 09 2017, @12:25AM (10 children)

    by Anonymous Coward on Saturday December 09 2017, @12:25AM (#607525)

    There ARE female cops nowadays, although they're mostly muscle dykes from what I've seen.

    • (Score: 2, Touché) by Sulla on Saturday December 09 2017, @01:05AM (1 child)

      by Sulla (5173) on Saturday December 09 2017, @01:05AM (#607531) Journal

      Not that theres anything wrong with that

      --
      Ceterum censeo Sinae esse delendam
      • (Score: 2) by chromas on Saturday December 09 2017, @05:11PM

        by chromas (34) Subscriber Badge on Saturday December 09 2017, @05:11PM (#607717) Journal

        There is if you want him to finish.

    • (Score: 0) by Anonymous Coward on Saturday December 09 2017, @01:35AM (7 children)

      by Anonymous Coward on Saturday December 09 2017, @01:35AM (#607550)

      If they keep their pussies in as good of shape as the rest of them they're probably excellent in bed.

      And hey, extra testosterone in women is know to learned to heightened sexual desire and arousal in women. It is why oftentimes women with a bit of hair on their lip will want to fuck you more often than that perfectly dainty femme (not 100 percent true, but on average.)

      My last girlfriend was mistaken for a dyke for most of her early years (and literally had a BFF who was a towtruck driving butch lesbian, which obv didn't help things), and she was *AMAZING* in the sack.

      Don't know it until you've tried it.

      Also dammit, quit letting lesbians coopt the whole of tomboyish women for themselves, and start reminding the ladies that some guys like girls who will get down and dirty with them, so they don't need to identify as a lesbian unless they REALLY like women, and even then they can always identify as bi!

      Paid for by the movement to return tomboys to being 'one of the guys' you could have benefits with :)

      • (Score: 1, Informative) by Anonymous Coward on Saturday December 09 2017, @02:19AM (6 children)

        by Anonymous Coward on Saturday December 09 2017, @02:19AM (#607570)

        Tell that to these ladies [wordpress.com].

        • (Score: 2) by linuxrocks123 on Saturday December 09 2017, @04:08AM (5 children)

          by linuxrocks123 (2557) on Saturday December 09 2017, @04:08AM (#607608) Journal

          Please tell me this is a joke blog like "Science and Math Defeated" and is not for real.

          Pretty please?

          • (Score: 1, Informative) by Anonymous Coward on Saturday December 09 2017, @05:14AM

            by Anonymous Coward on Saturday December 09 2017, @05:14AM (#607619)

            Please tell me this is a joke blog like "Science and Math Defeated" and is not for real.

            Not even close. And she's not alone, either:
            https://factcheckme.wordpress.com/the-intercourse-series/ [wordpress.com]
            https://pivontv.wordpress.com/page/2/ [wordpress.com]
            https://radicalhubarchives.wordpress.com/radfem-101/#PIV [wordpress.com]

            I'm sure you can find more if you like.

          • (Score: 5, Insightful) by Azuma Hazuki on Saturday December 09 2017, @05:28AM (1 child)

            by Azuma Hazuki (5086) on Saturday December 09 2017, @05:28AM (#607622) Journal

            Not a joke, unfortunately. I've been tempted to pop over there and ask them "so is it rape if my girlfriend puts on a strapon and does me vaginally, or does it only count when it's a man? How about anal sex, is THAT rape? If so, or if not, when, and why?"

            These people are insane. They give feminism a bad name.

            --
            I am "that girl" your mother warned you about...
            • (Score: 0) by Anonymous Coward on Monday December 11 2017, @03:33AM

              by Anonymous Coward on Monday December 11 2017, @03:33AM (#608176)

              "Hey Man"

              When I saw that subject line, I immediately went here [youtube.com].

              Coincidence? I think...so. :)

          • (Score: 0) by Anonymous Coward on Saturday December 09 2017, @01:16PM (1 child)

            by Anonymous Coward on Saturday December 09 2017, @01:16PM (#607687)

            It reads like she's serious, in which case that woman needs a good hard shagging.

            • (Score: 2) by Runaway1956 on Saturday December 09 2017, @05:54PM

              by Runaway1956 (2926) Subscriber Badge on Saturday December 09 2017, @05:54PM (#607721) Journal

              Good hard shagging? I disagree. Instead, she needs to be banned from any form of contact with males. Since MOST women prefer to have contact with males, that may mean that she has to be deported to Mars or someplace. I see no need to invest in expensive life support systems for her.

  • (Score: 0) by Anonymous Coward on Saturday December 09 2017, @01:11AM

    by Anonymous Coward on Saturday December 09 2017, @01:11AM (#607539)

    two out of three ain't bad, verb - to triple oneself https://www.urbandictionary.com/define.php?term=Tripling%20Yourself [urbandictionary.com]

  • (Score: 2) by edIII on Saturday December 09 2017, @02:10AM (1 child)

    by edIII (791) on Saturday December 09 2017, @02:10AM (#607564)

    I would've completely and utterly refused. I was a bit precocious and would've understood my rights, not to mention being so stubborn that I would have literally died before "giving them the satisfaction". If law enforcement asked me today I would refuse to surrender my dignity in such a fashion too.

    Although I'm sure my answer would've been to put my hands behind my head and tell them to get it themselves. I got five minutes.

    --
    Technically, lunchtime is at any moment. It's just a wave function.
    • (Score: 2) by Runaway1956 on Saturday December 09 2017, @06:04PM

      by Runaway1956 (2926) Subscriber Badge on Saturday December 09 2017, @06:04PM (#607724) Journal

      I may not have understood my rights back then - but the stubbornness factor would have won. At age 11 or 12, I may have been intimidated by the cops. By age 14, they'd have had to kill me to get at my pecker. No way they could have "forced" me to masturbate.

  • (Score: 2) by Runaway1956 on Saturday December 09 2017, @05:45PM

    by Runaway1956 (2926) Subscriber Badge on Saturday December 09 2017, @05:45PM (#607720) Journal

    Ummmm - weird shit happens. From experience, there's a small chance of GETTING an erection with guns pointed at you - but, fact is, you couldn't DO anything with it. It's just there, one more little incongruity among many others. You can't really call it "arousal". If it ever happens, you'll be like, "WTF IS THIS? Is it really mine? Where did it come from?"