July 28, 2008

NY- Anonymous from New York Tells His Story

The gentleman's first mistake, he believed the police, never do that! If police or any other state person, show up at your door, ask for a lawyer, answer all questions AFTER being properly informed by your lawyer.

7-28-2008 New York:

Well, in 2003, ..... pictures of minors engaging - I'm too scared to even write the whole thing out. This is in NY. It was on a file sharing network. I don't have a number, but out of ALL the users who download music, I just happened to be caught by a detective - no chatting with minors, no attempt at it, just downloading it (doesn't make it right, nonetheless).

-My question would be, did he know he was downloading some kind of porn, he does mention it was music oriented site. Did he download a file with an innocent name, planted by the police? Given a P2P site there are tons of questions that need to be asked before any case can be brought, of course, he bypassed those options by being coerced by the police.

A few months later I get a knock on the door, and me being in my early twenties, I had no idea about the law; at the time I honestly had NO IDEA what I was doing was illegal. So, make a long story short, the "detective" who happens to seem like he likes to do a lot with children, even in other states--you know what they say about those who bark the loudest - literally lies to me (which I didnt know they were allowed to) and said "nothing will happen, you'll get one count, I swear, and that's maximum." He writes out my "confession" in his handwriting, (note there are two other detectives in the car), and he says "don't worry about the lawyer, you don't need one - you're not under arrest." So, I put under "Do you want to speak to your lawyer?" No. That was that. ..For the rest of his story.. see Smashed Frog Blog



-Note: Why would law enforcement ask "Do you want to speak to your lawyer?" Thats one major clue that they are trying to circumvent the law to get evidence which they may not be entitled to if a lawyer was present! Everyone has a right to remain silent, there is no obligation to speak.

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