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Threats via social media

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  • Threats via social media

    Got a case where a suspect is threatening the victim via Facebook Messenger. All started due to a disagreement on a FB post. Neither have met one another in person, but both have been members of the same group for a while. First started with name calling, but now has escalated to stuff like “I know where you live and what you drive, better watch your back. Cars tend to explode and you never know when I’ll show up at your home or workplace.” Suspect went a step further and said something to the effect of “I just got a new boat. Thinking about taking into blue water. Do you thing Elon Musk can help the cops find your rotting corpse?”

    Suspect has also made threats via Instagram.


    Besides reporting to FB and local PD, any possibility of federal charges? Got a call in to the local US District Attorney. In the meantime, figure I ask if anyone has similar cases or ideas.

    Thanks!
    Getting shot hurts! Don't under estimate the power of live ammo. A .22LR can kill you! I personally feel that it's best to avoid being shot by any caliber. Your vest may stop the bullet, but you'll still get a nice bruise or other injury to remember the experience.

  • #2
    Facebook is a pain in the *** to deal with. Make sure to take screenshots, document time and what not. Reach out to their legal side for their subpoena process

    Comment


    • #3
      Originally posted by m.p.c View Post
      Facebook is a pain in the *** to deal with. Make sure to take screenshots, document time and what not. Reach out to their legal side for their subpoena process
      Recently we have had bad luck with FB legal.
      I make my living on Irish welfare.

      Comment


      • #4
        I have had really good luck with Facebook and Instagram (FB owns Instagram). Subpoena will get you subscriber information, you can do a preservation request through their on line portal, if you do a SW, make sure it's a district court judge. Here is their legal service info from an ISP search service.

        Will need a non-disclosure order for subpoena and SW, unless you don't care that they notify the account owner.

        http://www.search.org/resources/isp-list/

        Facebook, Inc.
        Contact Name: Facebook Security LE Response Team
        Online Service: Facebook Inc.
        Online Service Address: 1601 Willow Road
        Menlo Park, CA 94025
        Note(s): Please note: Facebook will NOT accept legal process addressed to Facebook.com, it must be:

        Facebook Inc.
        1601 Willow Road
        Menlo Park, CA 94025

        Facebook does not accept preservation and records requests via e-mail and fax. All legal process must be submitted via our LE Portal located at:

        https://www.facebook.com/records.

        This system is for both emergency requests and for the submission of all legal process.

        When requesting records, if LE selects the, CHILD EXPLOITATION - POTENTIAL HARM option, the account holder is NOT notified and no Non Disclosure Order is needed.

        Note: There is an often- frustrating "captcha" challenge response system that must be entered before the submission will go through. It is very difficult to read the letters on the "captcha," often requiring ten or more attempts. Fortunately, there appears to be no limit to the number of failed attempts.

        Our Law Enforcement Guidelines are at https://www.facebook.com/safety/groups/law/guidelines/. That is where our most updated information is located.

        Instagram Law Enforcement Guidelines are at: https://help.instagram.com/494561080557017/.
        Last edited by Kraut0783; 09-21-2018, 09:45 PM.

        Comment


        • #5
          Does the suspect and victim live in the same state?

          The few times we tried to contact the feds they sounded uninterested or too busy.

          The last time we sent a subpeana to Facebook we also had to have a law enforcement or government related
          e-mail.

          Comment


          • #6
            True, to use FB's LE portal, you gotta have an official email account. The portal system is pretty good, you can check the status, upload Subpoenas, NDO's and SW to it, and also download the results of subpoenas and SW's from it. All returns are in a PDF format, and word searchable....no third party software needed to access or read the content, like some other ISP companies.

            Comment


            • #7
              Originally posted by westside popo View Post
              Does the suspect and victim live in the same state?

              The few times we tried to contact the feds they sounded uninterested or too busy.

              The last time we sent a subpeana to Facebook we also had to have a law enforcement or government related
              e-mail.
              Yes, both live in the same state, but the suspect does maintain a residence out of state. At least one of the threats may have been sent while he was out of state.

              Getting shot hurts! Don't under estimate the power of live ammo. A .22LR can kill you! I personally feel that it's best to avoid being shot by any caliber. Your vest may stop the bullet, but you'll still get a nice bruise or other injury to remember the experience.

              Comment


              • westside popo
                westside popo commented
                Editing a comment
                If it was me I would work it myself.
                FWIW .. Where I'm at, the jurisdiction is where the victim lives / received it or where the suspect is located.


                Besides it's just a few subpeanas, a computer and some excellent research skills and the case is solved.
                Last edited by westside popo; 09-24-2018, 12:13 AM.

            • #8
              In my experience, as long as it is not a major case, the feds are more than happy to let we locals handle things. I wouldn't expect them to have any interest in this case.

              Comment


              • #9
                Did you run the suspect out for a boat registered to him?
                Now go home and get your shine box!

                Comment


                • #10
                  My captain (over CID) would tell the vic --- "why don't you just turn off facebook".

                  I cringe every time....
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                  In 2017, the sales of my LEO related decals allowed me to donate over $350. to LE/ Military related charities... THANK YOU!!! Check them out HERE...

                  Comment


                  • #11
                    Unfortunately, social media harassment isn't a crime... its not moral, but its not illegal... I had a lady get threatened at her workplace by text message and I told her I'd take a statement but there was nothing I could do.
                    USAF VETERAN 2004-2012
                    "The sheep pretend the wolf will never come, but the sheepdog lives for that day."-LTC Grossman
                    DA Public Safety Dispatcher, APG MD

                    Comment


                    • PeteBroccolo
                      PeteBroccolo commented
                      Editing a comment
                      That was how things USED to be, but people have been convicted for convincing a victim to commit suicide, plus for uttering threats, via the Internet, even from other countries. Depends on the statutes in effect where the victim resides and / or where the suspect posted the messages from. If your Agency does not have an Internet Crime Unit, maybe your State Agency does? Threats should no longer be brushed-off, no matter the method of communication.

                  • #12
                    Originally posted by J2H View Post
                    Unfortunately, social media harassment isn't a crime... its not moral, but its not illegal... I had a lady get threatened at her workplace by text message and I told her I'd take a statement but there was nothing I could do.
                    Depends on the state.
                    My state does have a statute for social media harassment, but my agency directs complainants/victims to seek warrants as affiants unless it is grossly threatening.
                    SUPPORT COP RUN BUSINESSES!!
                    SUPPORT LEO BUSINESSES!



                    In 2017, the sales of my LEO related decals allowed me to donate over $350. to LE/ Military related charities... THANK YOU!!! Check them out HERE...

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                    • #13
                      I should clarify... we advised the person they can go to civil court, but it wouldn't be criminal in nature
                      USAF VETERAN 2004-2012
                      "The sheep pretend the wolf will never come, but the sheepdog lives for that day."-LTC Grossman
                      DA Public Safety Dispatcher, APG MD

                      Comment


                      • #14
                        Originally posted by J2H View Post
                        I should clarify... we advised the person they can go to civil court, but it wouldn't be criminal in nature
                        J2h,

                        Your profile notes you’re in Maryland. If so, you may want to brush up on you legal updates since Oct. 2013 (specifically Md. Ann. Code §3-805 if the victim is a minor of serious social media harassment).
                        sigpic

                        Comment


                        • #15
                          We took a report, but I was informed there was no crime committed
                          USAF VETERAN 2004-2012
                          "The sheep pretend the wolf will never come, but the sheepdog lives for that day."-LTC Grossman
                          DA Public Safety Dispatcher, APG MD

                          Comment

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