Monday, November 30, 2015

Police Social Media FAIL! Police Hack Facebook Page over Twerking Post involving Cop, Evidence is Suppressed and Charges are Dropped for Illegal Hack ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1





Sadly, we all know what "twerking" is.



We have Miley Cyrus to thank for this...



Some folks like it...



Some not so much...



But apparently none like it LESS than New South Wales, Australia Police Senior Constable Daniel Moss who took it upon himself to "investigate" a Facebook user known as "Rhys Brown" who had posted what purported to be a series of digitally altered photographs of Miley Cyrus twerking in front of a NSW police officer in Sydney (one of the pictures appears below).   After four (4) months (yes... four (4) months) of monitoring the private Facebook page by posing as another user Moss was able to identify a man named Rhys Liam Halvey as the account holder who was known as "Rhys Brown".  Moss identified "several offensive posts", including one with an image that said: "Here's my $25,000 for your $101 fine", with photos of NSW police officers which were taken on a Sydney street.  Moss located and charged Rhys Liam Halvey with three (3) counts of "using a carriage service to offend police" and three (3) counts of "publishing an indecent article".



Mr Halvey denied any involvement with either being Rhys Brown or uploading the "derogatory posts" on social media and all six (6) charges were withdrawn and dismissed after Sydney Magistrate Roger Brown slammed Constable Moss' "investigation" as a "criminal offense by committing an unauthorized access" into a private Facebook account without a warrant.  During a hearing the following exchange reportedly occurred between Magistrate Brown and Constable Moss: 

 Magistrate:  "You use the term 'monitored' the Facebook account of Rhys Brown ... you went into that account frequently?"

 Constable:  "Yes, I did."

 Magistrate:  "So, you didn't obtain a Supreme Court warrant ... you didn't obtain any judicial authorization to invade the privacy of Rhys Brown's Facebook, did you?"

 Constable:  "No."

 Thus, the case was dismissed and $14,429.00 in costs were reportedly ordered to be paid by the police.

 Memo to New South Wales, Australia Police Senior Constable Daniel Moss:



Memo to the Folks:  Law enforcement is all over the internet.  They monitor it, they troll through it, they conduct sting operations (by offering fake "services" or by pretending to be whom or whatever you may be looking for or craving) and, apparently, they also occasionally invade your privacy on their personal off-time.  Be mindful of the internet.  It is a virtual minefield which can cause real world damage. That said... 


Social Media:  It's all fun and nice until it's introduced into evidence against you in Court. See "Haber's Rules of Social Media # 1 - 5" by clicking here...

http://habercriminallaw.blogspot.com/2015/02/social-media-and-criminal-justice.html

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

Michael A. Haber, Esq. is prepared to speak with you about your case!

Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1









THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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