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  • Evidence sharing?

    Quick question regarding a Corrections officer in florida. Can a corrections officer that is investigating a case, get himself in trouble for sharing photos from a gang beating that is being used in court? In my opinion I wouldnt think it would be legal at all. But please feel free to contact me if you think it needs to be braught to someones attention.
    "And the tradition marches on"

  • #2
    Originally posted by S.ArkNative View Post
    Quick question regarding a Corrections officer in florida. Can a corrections officer that is investigating a case, get himself in trouble for sharing photos from a gang beating that is being used in court? In my opinion I wouldnt think it would be legal at all. But please feel free to contact me if you think it needs to be braught to someones attention.
    Speaking only for myself, I 'd need a little more information (specifics) to properly answer your question.

    Comment


    • #3
      Originally posted by S.ArkNative View Post
      Quick question regarding a Corrections officer in florida. Can a corrections officer that is investigating a case, get himself in trouble for sharing photos from a gang beating that is being used in court? In my opinion I wouldnt think it would be legal at all. But please feel free to contact me if you think it needs to be braught to someones attention.
      While unprofessional and likely a violation of department policy, I doubt it is illegal.
      "Would I ever leave this company? Look, I'm all about loyalty. In fact, I feel like part of what I'm being paid for here is my loyalty. But if there were somewhere else that valued loyalty more highly, I'm going wherever they value loyalty the most. " --Dwight K Schrute (The Office)

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      • #4
        Need more information. Who is he sharing them with and under what circumstances?

        Have the photos already been introduced in court as evidence? If so, (and depending on the laws of that state) they may now be public record and fair game for anyone who wants them.
        Going too far is half the pleasure of not getting anywhere

        Comment


        • #5
          Photo was shared in July 08, according to the CO the case was pending. Photo is of a latin king that was assaulted, currently an inmate in baker CI. FL
          "And the tradition marches on"

          Comment


          • #6
            I take it the boss is not happy with what you did?
            It could be that the purpose of your life is only to serve as a warning to others.

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            • #7
              Nope, safe to say its not me, but an individual that I know. The reason I bring it to the forums is because If it isnt reported and Im one of the persons he shared the info with, that I could become involved in something and be held responsible for not reporting the incident, I had nothing to do with besides recieving the item and knowing the person.
              "And the tradition marches on"

              Comment


              • #8
                Originally posted by S.ArkNative View Post
                Photo was shared in July 08, according to the CO the case was pending. Photo is of a latin king that was assaulted, currently an inmate in baker CI. FL
                OK, please excuse me, but what's the problem? Another Officer shows you a photo of an assault victim. I don't see any violation of policy there.

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                • #9
                  Im Military not LE yet, dont know the individual that well. just curious of the legalities of this individuals actions.
                  "And the tradition marches on"

                  Comment


                  • #10
                    Again, there is not enough information to give you a good answer.

                    Who took the photo - department of corrections, police, civilian, press?

                    How did the corrections officer come into possession of the photo?

                    Was the photo already in the public domain before it came into the possession of the corrections officer?

                    What is your standing in all this - are you a civilian he was showing it off to, are you another government employee he was exchanging official information with, are you a witness who was asked to identify someone in the photo?

                    What do the public records laws in your state and Florida say about when photos are releasable?

                    What is it about this event that makes you think something was inappropriate?

                    You profile says you are with the Air Force in Georgia. How could you get in trouble for not reporting that a State Corrections officer from another state showed you someone's picture?

                    There's too much missing here.
                    Going too far is half the pleasure of not getting anywhere

                    Comment


                    • #11
                      Department of corrections -Investigator

                      it is his case, he was sharing because he wanted someone to see, not because im involved in any way.

                      The CO-Investigator took the picture-Not made to be publicised

                      I dont have a standing in this, he was an individual I knew for a short period of time, he decided to share the item with myself without me asking. basicly he said "check this out, its a case im investigating"

                      not sure if the case has been settled or if there have even gone to court yet. Not sure of florida laws.

                      Its inappropriate because its evidence, its something you, as a CO or LE shoudlnt share with the general public or government unless directly involved.

                      The picture is evidence of a beating that an individual received, which is being used in a court case. Since this CO shared the photo with myself wouldnt it be some kind of tampering with evidence? or unauthorized viewing? this is why I posted this is to get your opinions. Is it or is it not illegal? Would I get in trouble as a Gov employee for not reporting ?
                      Last edited by S.ArkNative; 09-24-2008, 09:27 PM.
                      "And the tradition marches on"

                      Comment


                      • #12
                        Originally posted by S.ArkNative View Post
                        Department of corrections -Investigator

                        it is his case, he was sharing because he wanted someone to see, not because im involved in any way.

                        The CO-Investigator took the picture-Not made to be publicised

                        I dont have a standing in this, he was an individual I knew for a short period of time, he decided to share the item with myself without me asking. basicly he said "check this out, its a case im investigating"

                        not sure if the case has been settled or if there have even gone to court yet. Not sure of florida laws.

                        Its inappropriate because its evidence, its something you, as a CO or LE shoudlnt share with the general public or government unless directly involved.

                        The picture is evidence of a beating that an individual received, which is being used in a court case. Since this CO shared the photo with myself wouldnt it be some kind of tampering with evidence? or unauthorized viewing? this is why I posted this is to get your opinions. Is it or is it not illegal? Would I get in trouble as a Gov employee for not reporting ?
                        I really don't see a problem. In the past I have spoken with friends about cases I've worked on. I have even showed them a photo or two to give them a better understanding of the things I do and the kind of problems I have to deal with. Showing you a photo of someone's injuries would not seem out of line as long as it did not include anything you would not normally see in public, such as genitalia. I am not aware of any law it would violate and it certainly is not "tampering" with evidence.

                        As a side note, because you don't know if the case has been to court or what the state's Public Record's laws are, it could very well be that the photo is public record and available to anyone that wants it. Even if it were not yet a public document, you have to consider that if the Florida photo were shown to you in Georgia, there would be no violation of Florida records laws because Florida laws are not enforceable in Georgia, anymore than Georgia laws are enforceable in Florida.

                        I'm not sure if the Air Force has a policy that mandates reporting law violations or administrative misconduct by employees from another state agency. But even if there were, based on your own description, there doesn't appear to be any wrongdoing, so I don't see anything to report.
                        Going too far is half the pleasure of not getting anywhere

                        Comment


                        • #13
                          Originally posted by S.ArkNative View Post
                          Quick question regarding a Corrections officer in florida. Can a corrections officer that is investigating a case, get himself in trouble for sharing photos from a gang beating that is being used in court? In my opinion I wouldnt think it would be legal at all. But please feel free to contact me if you think it needs to be braught to someones attention.
                          Did he share the photo with other investigators for the purpose of furthering other legitimate investigations, or did he just send it off to a bunch of friends/acquaintances with no official purpose?

                          The distinction between the two situations could be important.

                          Comment

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