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.
(Score: 5, Informative) by takyon on Friday December 08 2017, @10:13PM (3 children)
[Nicolas Cage face]
[SIG] 10/28/2017: Soylent Upgrade v14 [soylentnews.org]
(Score: 5, Informative) by LoRdTAW on Saturday December 09 2017, @03:58AM (1 child)
(Score: 2) by Runaway1956 on Saturday December 09 2017, @05:35PM
Hey, when Pedocop says he needs evidence, you gotta let him get his evidence. Civil rights be damned!!
(Score: 0) by Anonymous Coward on Saturday December 09 2017, @10:37PM
"...Against Children Task Force, last year had obtained a warrant to inject a young boy with a drug that would cause an erection"
No, not really.
(Score: 5, Informative) by NotSanguine on Friday December 08 2017, @10:17PM (11 children)
From TFA:
No, no, you're not thinking; you're just being logical. --Niels Bohr
(Score: 5, Insightful) by frojack on Friday December 08 2017, @10:44PM
So nothing to be gained from that estate, why not move this to the Judge/Magistrate that signed such a warrant?
Why are these people never held liable?
No, you are mistaken. I've always had this sig.
(Score: 5, Insightful) by bob_super on Friday December 08 2017, @10:46PM (9 children)
Sure, the pedophile detective did properly ask for a warrant, for a change.
Let's talk about the judge who actually signed the warrant ...
(Score: 2, Interesting) by Anonymous Coward on Friday December 08 2017, @10:58PM (6 children)
Back up a bit... Some (not all) cops have/had pre-signed warrants they simply needed to finish filling out themselves. This was reported about 20 years ago.
(Score: 4, Insightful) by sjames on Friday December 08 2017, @11:08PM (2 children)
Any judge that would pre-sign a blank warrant should be removed immediately.
(Score: 2) by edIII on Saturday December 09 2017, @02:01AM (1 child)
Um, and jailed right? At what level do the abridgment of civil rights constitute a felony? Or is there a level?
Technically, lunchtime is at any moment. It's just a wave function.
(Score: 3, Insightful) by sjames on Saturday December 09 2017, @02:19AM
I would suggest jail, but I wouldn't hold my breath.
(Score: 3, Interesting) by bob_super on Friday December 08 2017, @11:10PM
Blank warrant vs Minor assault warrant ... both should get the judge thrown out of a court, preferably through a high window, with optional "Go to jail" mat to cushion the fall.
(Score: 5, Funny) by frojack on Saturday December 09 2017, @12:23AM
And the practice was stopped back then. (If it ever actually existed).
No, you are mistaken. I've always had this sig.
(Score: 3, Insightful) by maxwell demon on Saturday December 09 2017, @12:49PM
One more reason to hold the judge responsible. Because if judges are held responsible for the content of warrants that bear their signature, then they might reconsider if they really want to pre-sign them.
The Tao of math: The numbers you can count are not the real numbers.
(Score: 2) by sjames on Friday December 08 2017, @11:04PM
Indeed, the judge that authorized the sexual assault of a minor under color of law should at the very least be named and shamed.
(Score: 2) by DeathMonkey on Friday December 08 2017, @11:51PM
Let's talk about the judge who actually signed the warrant ...
Seriously! At a minimum it's a dereliction of duty.
This is the entire reason we make judges sign warrants in the first place!
(Score: 5, Insightful) by arcz on Friday December 08 2017, @10:29PM (5 children)
Forcing someone to masturbate for you seems like self incrimination, not a search. Thus, it's entirely illegal, even with probable cause.
Also, this authority does not belong with the government. It's in excess of the authority of the government because it violates substantive due process.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Sexual decisions are one of those "or to the people" powers.
(Score: 2) by The Mighty Buzzard on Friday December 08 2017, @10:39PM (1 child)
Erm... the tenth amendment has been summarily ignored since thirty seconds after it was penned.
My rights don't end where your fear begins.
(Score: 2) by PinkyGigglebrain on Saturday December 09 2017, @01:54AM
At least they waited for the ink to dry, mostly.
"Beware those who would deny you Knowledge, For in their hearts they dream themselves your Master."
(Score: 4, Informative) by NotSanguine on Friday December 08 2017, @10:41PM (2 children)
Gee, that's funny. No one seems to have cc'd that memo to the several [guttmacher.org] states [guttmacher.org].
No, no, you're not thinking; you're just being logical. --Niels Bohr
(Score: 2, Interesting) by Sulla on Saturday December 09 2017, @12:59AM (1 child)
Who you fuck in your bedroom is your business, who you use my tax dollars to murder is my business. You want to murder an organism on your dime feel free, but if you want to incriminate me in the process then fuck off.
Ceterum censeo Sinae esse delendam
(Score: -1, Troll) by Anonymous Coward on Saturday December 09 2017, @02:13AM
Nadie me lo dijo cuando atravesé la frontera y La amable dama de la oficina de bienestar social nunca mencionó eso
no funciona de esa manera en México. Tal vez debería comenzar a usar un condón con tu esposa.
(Score: 5, Touché) by DeathMonkey on Friday December 08 2017, @10:51PM (4 children)
Court Finds that Forcing Kid to Masturbate was Wrong
I can't wait to find out what happens next!
They'll either be fire in disgrace. Or, they'll be nominated for a Republican Senate seat.
(Score: 1) by Sulla on Saturday December 09 2017, @01:02AM
Sadly looks like the Alabama seat is already filled with one, but it appears the Dem Michigan 13th or the Dem Minnesota seats would probably do fine.
Ceterum censeo Sinae esse delendam
(Score: 2, Informative) by Anonymous Coward on Saturday December 09 2017, @01:09AM (2 children)
The cop is dead. He can't be fired, and he can't be nominated for a Republican Senate seat.
Dead people vote democrat.
(Score: 2) by maxwell demon on Saturday December 09 2017, @12:57PM (1 child)
No, they don't. I actually asked them. I addressed the dead, saying: "If you vote democrat, then please do something I can recognize as your answer. Otherwise, do nothing." Nothing happened. Therefore I can tell with certainty that dead people don't want democrat. :-)
The Tao of math: The numbers you can count are not the real numbers.
(Score: 2) by cubancigar11 on Saturday December 09 2017, @04:25PM
Are you sure it was a dead person and not some maxwellian demon?
(Score: 0) by Anonymous Coward on Friday December 08 2017, @11:07PM
Once he was fully locked and loaded.
What police brutality?
Eyeroll.
(Score: 0) by Anonymous Coward on Friday December 08 2017, @11:29PM (3 children)
What was the difference again?
(Score: 4, Funny) by Anonymous Coward on Friday December 08 2017, @11:55PM (2 children)
The good cop lets you come.
(Score: 2) by MostCynical on Saturday December 09 2017, @02:00AM (1 child)
Whereas a *really* good cop helps?
"I guess once you start doubting, there's no end to it." -Batou, Ghost in the Shell: Stand Alone Complex
(Score: 0) by Anonymous Coward on Saturday December 09 2017, @02:10AM
Nomsg.
(Score: 3, Insightful) by Snotnose on Saturday December 09 2017, @12:09AM (15 children)
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.
(Score: 1, Interesting) by Anonymous Coward on Saturday December 09 2017, @12:25AM (10 children)
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)
Ceterum censeo Sinae esse delendam
(Score: 2) by chromas on Saturday December 09 2017, @05:11PM
There is if you want him to finish.
(Score: 0) by Anonymous Coward on Saturday December 09 2017, @01:35AM (7 children)
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)
Tell that to these ladies [wordpress.com].
(Score: 2) by linuxrocks123 on Saturday December 09 2017, @04:08AM (5 children)
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
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)
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
"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)
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
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
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)
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
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
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?"
(Score: 3, Funny) by krishnoid on Saturday December 09 2017, @01:55AM
Unfortunately, they failed to fully vet the bear in question [knowyourmeme.com].
(Score: 0) by Anonymous Coward on Saturday December 09 2017, @02:26AM (3 children)
I'll bet a dollar. Will RTFA now.
(Score: 2) by takyon on Saturday December 09 2017, @02:30AM
You owe the site a dollar. He white:
http://metro.co.uk/2017/12/08/teenager-forced-masturbate-front-armed-police-rights-violated-7142900/ [metro.co.uk]
[SIG] 10/28/2017: Soylent Upgrade v14 [soylentnews.org]
(Score: 0) by Anonymous Coward on Saturday December 09 2017, @02:30AM (1 child)
Not this time. I lose. Even though his name is Trey.
(Score: 2) by Runaway1956 on Saturday December 09 2017, @06:07PM
So, you were basing your presumption on the name Trey? It's an uncommon name, but every Trey I've ever met was a white guy.
(Score: 2) by istartedi on Saturday December 09 2017, @04:42AM
Is that part of the "no duh" division?
Appended to the end of comments you post. Max: 120 chars.