Leader

Collapse

Announcement

Collapse
No announcement yet.

Evidence sharing?

Collapse

300x250 Mobile

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • SA13
    replied
    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.

    Leave a comment:


  • L-1
    replied
    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.

    Leave a comment:


  • S.ArkNative
    replied
    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.

    Leave a comment:


  • L-1
    replied
    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.

    Leave a comment:


  • S.ArkNative
    replied
    Im Military not LE yet, dont know the individual that well. just curious of the legalities of this individuals actions.

    Leave a comment:


  • PhilipCal
    replied
    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.

    Leave a comment:


  • S.ArkNative
    replied
    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.

    Leave a comment:


  • DACP
    replied
    I take it the boss is not happy with what you did?

    Leave a comment:


  • S.ArkNative
    replied
    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

    Leave a comment:


  • L-1
    replied
    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.

    Leave a comment:


  • miked6
    replied
    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.

    Leave a comment:


  • PhilipCal
    replied
    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.

    Leave a comment:


  • S.ArkNative
    started a topic Evidence sharing?

    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.

MR300x250 Tablet

Collapse

What's Going On

Collapse

There are currently 4141 users online. 208 members and 3933 guests.

Most users ever online was 19,482 at 11:44 AM on 09-29-2011.

Welcome Ad

Collapse
Working...
X