I went to the police department to report what someone I knew was doing, the police officer told me it is legal to do that. He made a report stating that I was a victim and that someone would contact me, no one did. I went back to the station and asked to talk to someone higher up, (which tells me the first officer did not tell the truth about the common law) afterwards a detective came and talked to me and looked up previous report, in which he stated the other police officer closed. So for over a year was going through a process and I didn’t know the full laws regarding the subject. After it was dropped, I looked up the offense and found that it is illegal not only by state but also by federal so my question is, how do I proceed knowing this police officer lied and know I have the second report which was not filled out properly and that detective did not say it was against the law either. Can I sue the department for being fraudulent or not knowing a law that as I have found is and should be known. It a very disgusting crime involving the internet if that is all I can say.
I suspect this is in the wrong forum and have reported it for change. Hopefully in a more appropriate forum someone will be able to help Beth2.
Legal advice is best suited to our IMHO forum.
My first reaction is that the police have no duty to investigate or prosecute any particular crime. They would probably have immunity for closing the case and moving on, even if a more thorough investigation/research would have resulted in a different conclusion. In addition, you would have to establish that you were someone damaged by their failure to prosecute (not just the damage caused by the original crime).
A clever lawyer might be able to craft a legitimate cause of action against the police, but I’m not sure what you would gain from such litigation. Best advice, as always, is consult a lawyer in your jurisdiction and see what they have to say.
If you think the police are dragging their feet for whatever reason, go to your state’s/prosecuting attorney (whatever they’re called in your area.) Since prosecuting crimes is what they do, put the problem in their lap.
No. You don’t have grounds for a suit just because the police didn’t jump onto something that you didn’t like or were ignorant of a law you found or used shorthand like ‘it’s legal’ instead of ‘it’s probably technically illegal but we don’t have the resources to investigate it and couldn’t get a conviction even if we did’ or didn’t enforce a federal law when they’re a local PD. The supreme court has ruled numerous times that it’s perfectly fine for the police to outright lie.
The police can and do lie constantly, but there are limits I believe. I’m not sure but I don’t think cops are allowed to lie about what is legal or illegal, and they can’t lie by offering leniency (only then prosecutor and judge. Can offer those). The cop may have just been ignorant. If you have a problem, talk to internal affairs at the station.
If you are (assumedly) an adult victim and an ex is posting your naked 3 way pics or sordid tales of you there are some new revenge porn laws coming on the books in various states that may address that. If it’s just people calling you names on Facebook, regardless of how offensive, they are not likely to want to expend the effort to go after that.
A cop can’t actually make a plea deal, but telling someone that things will go easier on them if they confess is absurdly common and uncontroversial.
Calling your State Senator or Representative, especially if it is something they can be morally outraged about can be very effective as well. You’d be surprised how much a call from an elected official’s Office can light a fire under a disinterested civil servant, even one with a badge.
Lying to a suspect is not the same as lying to someone filing a complaint. The result is probably the same though, nothing will be done about it. In this case it just sounds like disinterest on the part of the police, not an actual lie. If the OP went to the police with her side of the story and asks them if a crime was committed they’re going to be non-committal, they didn’t see the alleged crime occur, they’re just going to take down the story, and maybe do nothing afterwards. I don’t think it matters whether or not a cop tells you something is legal or illegal if they don’t charge you with a crime. If they tell you something is legal it may be grounds for a defense if it turns out to be illegal and you relied on the cop’s word that it was legal before you acted. We’ve had threads on that subject.
I was wondering why the OP wasn’t being very forthcoming. I think this pretty much nailed it.
Not that the OP has anything to be ashamed of if she did indeed trade naked pics with an ex she thought she could trust at the time.
I could answer the OP if I could understand it. No lie.
I did not put in enough information for answers, but I thank you for your responses. I am currently getting info. to write to the State Attorney General. The issue was child pornagraphy which all police officers should know the law. So to me to say it’s legal and your a victim but closing the case states he just didn’t care. But the law is very clear on those issues. I just think it’s wrong to say an illegal act is legal. Thank you I will get ahold of my state officials due to the fact of the statistics of this issue in this state and other states.
…The police told you, with a straight face, that child pornography is legal?
There has to be more to this than what you’re letting on.
I know someone who was arrested and charged with distributing child pornography because he had dropped off advertisements at people’s houses for some fancy underwear sales party that his wife was running. Someone decided that one of the models appeared to be underage and went to the police, and the police and DA filed charges.
Eventually they were dropped, but it was an ugly experience for him. Maybe it’s a similar situation, or it could be a baby in the bathtub kind of thing. Pornography is usually defined as anything that gives a judge a hard on.
My experience with the police is that they are paid professional liers first.
Had a car fire several years back. Kids were putting lighter fluid on the front seats of cars and lighting them up.
Fire trucks came arson squad came made a report. Two days later my son called the PD with some information about who may have done it. There was no police report of a car fire. Over the phone my son made another report the officer said he would open the case. Called a few days later when we found out who was torching the cars, guess what no police report. After being assured a case was being opened and there would be follow up. Called again and no police report. This time we took care of it in the neighborhood.
How old are you and what is this crime supposed to be. It does sound like someone has naked pictures of you. I do not believe if you had gone to the police to claim actual child pornography that there would be no action.
If the OP (as garbled as it is) does mean Beth2 texted naked pictures of herself with another person while Beth2 was a minor, then the cops wouldn’t’ve just said, “It’s legal”. They’d’ve arrested her.
This OP fails the stench test.
I think it’s more a case where the police are saying either “That’s not a minor” or “That’s not pornography”. Maybe they’re whistling dirty songs as they pass her house.