Source: theopinionpages.com 4/25/24
It is a felony and a federal crime to impersonate someone else and intercept private communications intended for them, 18 U.S. Code § 2511. There is no exception for police, and no exception if written permission is obtained. Yet impersonating others online is the basis for police sting operations across the country. Law enforcement must be able to investigate criminal activity, but they cannot commit their own crimes while doing so. It is now customary for officers to violate Fourth Amendment law, and it is happening more frequently.
Without a warrant or report of a crime, male officers create fake profiles on adult-only dating sites using photos of attractive ladies (or young men). Men often see a profile and begin a conversation.
During the chat, the officer claims to be an underage 14-year-old girl/boy, even if it is obviously an adult pictured. The officer uses entrapment to lure the man to meet. The officer’s goal is to catch someone who might solicit a minor. Why not use a Disney site instead of an adult-only dating app? Since role playing is common online, most men believe they are talking to an adult. They agree to meet in a public place to confirm the person pictured is of legal age.
Impersonation differs from an officer wearing a disguise, which is legal. Executive Order 12333 clarifies the difference in its definition of electronic surveillance. If an officer can pull off a similar conversation while visibly present, the officer can be a lawful party to an electronic conversation. This definition formed the intent of the Electronic Communications and Privacy Act of 1986. It prevents cartoons, deepfakes, AI, or impostors from intercepting private communications. Interception Law requires that “such person is a party to the communication,” 18 U.S. Code § 2511. New York eavesdropping statutes require that only the sender or intended receiver obtain electronic communications, otherwise it is a felony, NY PEN § 250.00.
Absolutely great read on how they violate the law and the specific laws they break which include the Fed statute that a minor who imitates an adult on a dating site should be charged with. The forum has discussed all of these before.
So a law enforcement officer who had me arrested committed a crime. I wish my highly paid crappy attorney I had at the time had raised this issue. Too late now to go after that law enforcement officer due to the state statute of limitations.
I do find it interesting the author is an expert in the field and has had her expertise denied by the courts of being used in cases as she states. Another example of the legal system showing how broken it really is.
It’s a shame these cases aren’t often challenged.
They obviously can violate any law they see fit it has always been this way
The criminal justice system is not broken. It’s fixed.
I always wondered how many minors those police officers chatted with sexually while the police were impersonating themselves as minors…?