The Daily WTF: Curious Perversions in Information Technology

2008-03-18 Reply Admin

Franz Kafka:
There's a difference between offering witness testimony and talking to the cops who think you're a drug dealing murderer.

There's a difference in the effect, but when the cops start asking questions they won't necessarily let you know (truthfully) which is the case. When you get arrested, then the cops have to tell you what you're charged with, but not before. When they're interviewing suspects but aren't ready to make the arrest yet, they'll often tell those suspects that they're just looking for some background info from them for an investigation of someone else. A lot of innocent people go along with this without a lawyer, thinking they're just helping out and providing witness testimony, only later to find out that the cops were fishing for evidence against them.

When cops start asking questions, it's safest to assume they consider you a suspect for something (even if they tell you you're not). Also, you don't necessarily know what sort of crime they're investigating. They can (and will when it suits their purposes) lie about either of these - at least until they actually make the arrest.

2008-03-18 Reply Admin

validus:
The phone comapny should (required in most states) have reported this issue when they submitted phone record evidence. If this was a know issue it should have been reported being as such to the police department.

That assumes that the phone company providing the phone records knew about the issue. It was Bill's account that they would have gotten records from. It was a service rep from Steve's phone company that had the correct data and knew about the issue. These could be different companies.

Franz Kafka:
So, did they actually talk to the phone company before bothering dad & son or did they just look at the incoming calls on Bill's phone?

It could have been either one, but I suspect they got the records from the phone company. For one thing, any calls with blocked caller id (the majority to a drug dealer, I'd assume) for which the originating company handled the blocking correctly - by sending the correct ANI but setting the Do Not Display field - would not show up on Bill's phone, but would show up in the phone records for his account.

If Steve's company set a bogus default ANI (which happened to equal Steve's son's number) whenever it had calls that block ID, then that's what would show up in the records on Bill's account for those calls. For that matter, we don't even know that Steve's company was the one doing this, only that somebody was plugging in a fictitious ANI that corresponded to Steve's son's number. (It's most likely Steve's phone company, though, if only because it becomes an even bigger WTF if some other company is plugging in a number that isn't even in a range they own.) Hopefully, in addition to plugging in that bogus ANI (which they shouldn't really do if they have a valid one), they also set the Do Not Display field like they're supposed to. That way, Bill would never have seen Steve's son's number.

2008-03-21 Reply Admin

“Okay Steve, here’s what we need to do. I just want to chat with your son, alone, a few minutes,” he glared at his younger partner, “just me. You can even watch. And then, we can figure this whole thing out, and see what we need to do.”

Steve looked at his son, who simply gave an approving shrug. “Okay,” Steve said, “five minutes, okay?”

Nononononono

While it's arguable whether or not to talk to the cops without a lawyer present, NO WAY does a cop get my minor kid without me in the room. Period.

2008-03-21 Reply Admin

The Supreme Court has ruled that refusing to be searched (and even running away from a cop) cannot be used a probable cause.

The Law & Order series has been showing bad examples to people about how to deal with the police for many years. If a cop wants to search your property, they have no right to do so without your consent or a warrant. They say, "We can either do this the easy way or the hard way!" What they mean is it's easier or harder for them, not you. Just say no!

When police want to take you to the station to question you, this is a request. You do not have to go! They can only make you go somewhere if they arrest you. And they cannot arrest you just so they can question you. They must have a reason to arrest you or you can sue them (and win) for false arrest. If you are ever questioned by the police, if there is any chance at all of you being a suspect (and not just a witness), you should have a lawyer with you. The point of the questioning is for them to accumulate evidence to use against you in your prosecution.

Anyone can get a lawyer right away for free. Just tell the police that you will not answer any questions without a lawyer, then request a public defender. If they really want to question you then they'll have a public defender sent over who you can use during the initial questioning. If you can afford a better lawyer, and you don't already know one, ask the public defender to recommend a good defense lawyer who specializes in your type of case. Criminal defense lawyers all know each other in an area.

Remember, a cop's job is not to help you or prove you innocent. Cops are rewarded by arresting people and helping them get convicted of a crime.

The ACLU has put up several videos on YouTube with advice on what to do if you are arrested or being questioned:

http://youtube.com/watch?v=--hRnAJXaGs&fmt=18 http://youtube.com/watch?v=yqMjMPlXzdA&feature=related&fmt=18

2008-04-12 Reply Admin

Schnapple:
if yours specializes in divorce and you got brought up erroneously for murder he wouldn't be much good, right?

Hopefully your attorney knows a whole lot of other attorneys in the area that *do* specialize in criminal defense, or home mortgages, or civil suits, or you name it.

2008-04-15 Reply Admin

Anon:
I would suspect the son would get major props with the cool kids for being dragged out by the police. That's major bad ass points!

You've been playing "Bully" far too long :)

2008-10-31 Reply Admin

In all technicallities, everyone has a lawyer. The state MUST provide you with a lawyer if you dont have one, the moment you ask for one, and after that point they cannot question you further until your lawyer arrives. So yes, everyone has a laywer.

2008-11-01 Reply Admin

I want to make this clear to everyone reading this. Every American has access to legal council at any time their freedom is threatened. Haven't you heard anyone recite the Myranda Rights. You have the right to legal council whether or not you can afford it. EVERYBODY, therefor, has a lawyer, whether or not you've hired a private attorney is a separate matter.

2008-11-03 Reply Admin

Why would uniformed officers be investigating something like this? Wouldn't narcs or homicide take it? lame.

2009-04-03 Reply Admin

Anon:
Aaron:
Look what happened. The dad was dragged out of work and embarrassed, the son was pulled out of school.

I would suspect the son would get major props with the cool kids for being dragged out by the police. That's major bad ass points!

Where I work, those would be major bad ass points for me, too. I would just be waltzing back in in the afternoon with some bruises, sunglasses, "Whatcha lookin' at? Just the law breaking my back for that broken signup page the other day. What do I care? Told them to snuff it, didn't give a damn, what they gonna do? Huh? Whatcha lookin' at? WANT SOME?!"

2010-05-23 Reply Admin

Schnapple:

CRNewsom:
WTF#1 is that he talked to the cops without a lawyer present.
But wouldn't it be most people's instinct to just talk to the cops and get whatever it is settled? Also, how many people have a lawyer at the ready at any given point in time? People always say "talk to my lawyer" in television shows but what I've always wanted to know is - how many people have a lawyer they use? I don't - I've never had the need to have a lawyer and don't see myself getting into a situation needing one soon. And it's not like lawyers are interchangeable - if yours specializes in divorce and you got brought up erroneously for murder he wouldn't be much good, right?

I suggest you watch this video. Never agree to an interview without a lawyer present.

2021-11-02