Police using powers to "investigate"

[webmistress]

I run a local political website (a phpbb like this one). I tried to remain anonymous because I didn't want the fallout of people harassing me about what is said on the site.

There were some hot things said on the site, but I delete any posts that are really rude or just libelous remarks against private citizens. I monitor it daily.

Many people go to the forum and talk about what they don't like in the county....including the local law enforcement.

I ran a classified ad in the paper to advertise the website.

Apparently, the city Police questioned the newspaper owners at length trying to find out who ran the ad, so they can find out who is running the website.

Well this "investigation" finally revealed who was running the site and now I am a little scared about what might happen to me. They revealed my name in the forum.

First...is it legal for them to use their position as city police officers to "investigate" something where no crime has taken place? Isn't libel a civil offense?

Second...what are my rights if I start getting harassed by some of these officers?

Third, where do I file a formal complaint against their mis-use of their office?

Thanks!

[Mr. Knowitall]

First...is it legal for them to use their position as city police officers to "investigate" something where no crime has taken place? Isn't libel a civil offense?

It isn't clear what they were investigating, or claim to have been investigating. Possibly.

Second...what are my rights if I start getting harassed by some of these officers?

If they violate your civil rights in their capacity as police officers you have a potential legal claim. If they act inappropriately as private individuals, you have potential civil claims for any tortious acts they commit.

Third, where do I file a formal complaint against their mis-use of their office?

Normally, with their police department.

[webmistress]

One of the police officers doing the "investigation" was the topic of discussion on one of the threads in the forum (a political discussion group).

He got mad and wanted to find out who was running the website.

So, he went around as a police officer saying he was "investigating" and trying to get information about who was running the site.

They violated my privacy by revealing me as the site owner. I was trying to remain anonymous.

There was no criminal complaint, since no threats of criminal activity were stated on the site.

[cdwjava]

Contact the agency involved and make a complaint to them about his actions. However, if the information is publicly available and could have been obtained even if the inquirer had NOT been a peace officer, then there may be no issue for which the officer could be disciplined.

- Carl

[webmistress]

It was NOT publicly available. I paid extra to have the site registered using Domains By Proxy® so my identity would remian private.

The ad I ran in the newspaper advertising the site was paid for my mail with cash and nothing to idetify me.

The Police went to the newspaper first and tried to strong-arm the newspaper into revealing who placed the ad.

P.S. This is a SMALL town.

[cdwjava]

Have you filed a complaint with the department yet? What have they had to say about the matter?

I'm not sure if there were any laws broken (apparently no warrant or subpoena was obtained under false pretenses), and it remains to be seen if there were any policies violated.

It is also possible that their inquiry can be seen as a proper investigation into some possible criminal activity. But, not knowing what the officers knew and why they were looking for the owner of the site, it is all simply speculation.

Have they done anything with this new-found knowledge about your site?

- Carl

[webmistress]

I talked to the Police Chief. He said he would talk to the officer. I have a feeling this officer was also acting on marching orders from the town mayor who was also criticized on the website.

The cat's already out of the bag. My ownership of the site has already been revealed. They posted it on the website. Of course I deleted it but they kept posting it.

I heard today that some townspeople are boycotting my business, although until they talk to me, I can't say that is the reason absolutely, but I highly suspect it.

There was no criminal complaint of any kind according to the Police Chief.

[searched]

Here is what you need to do,
First file a complaint with the police dept. Go into detail about your privacy being invaded. Include names, dates, and details. Get online and find the dept's procedure and policy manual. See if the officer has violated police procedure or policy during the investigation. If he did, then your rights have been violated. You say you live in a small town, so I suggest you contact the media. The more vocal you are and more attention you bring to your situation, the less likely the police will be to retailiate. The will be too busy defending thier actions. Besides it could be the publicity your site needed! Since you no longer have a secret, and you feel threatened, what have you got to loose!

[Maxima Lover]

Before making complaints, you need to see an attorney. This is especially true if this might effect your business. Once you go file a complaint or talk to any officers, you'll be on record about what you said. Without first seeking legal help, you might say something that would hurt your case in the future.

[cdwjava]

Note that this thread is 8+ months old.

Here is what you need to do,
First file a complaint with the police dept. Go into detail about your privacy being invaded. Include names, dates, and details.

Not all violations of "privacy" are unlawful. In fact, most are not.

Get online and find the dept's procedure and policy manual.

Most departments do not have this document on-line. I can think of only a very few in CA that do.

See if the officer has violated police procedure or policy during the investigation. If he did, then your rights have been violated.

What?!?!

These are very different things! If a policy has not been followed it does NOT necessarily follow that someone's "RIGHTS" have been "violated"!

An act or omission can be outside of policy and perfectly legal. It happens frequently with use of force or shooting issues. Being outside of policy just increases any potential exposure to liability, it does not generally make the act or omission unlawful in any way.


- Carl