Text Harrassment

[katbieri]

What is the name of your state (only U.S. law)? Georgia

 

[HighwayMan]

You have to post again or edit your post and add your text. DO NOT use the preview feature.

 

[katbieri]

Former friend whom I had a fallout with accused me of sending harassing text. Investigator called over it and said he was issuing warrants to find out if they came from our IP address. Asked if I had any knowledge of it and I replied I did not. He came to my home today and showed me that they did in fact come from our IP. However I didn't send them. I have 3 other family members in my home to include 2 minor children. He said everything pointed to me because of my former friendship with her and it being an IP where I live. He asked to speak to my children and I refused access to them, told him we would be seaking legal aid and asked him to leave. My question is...can he arrest me simply because I had a former friendship with her as he makes it sound. I understand it came from our account, but that doesn't mean that I did it. And what can happen to my children if they were responsible. One is 13 and the other 17.

 

[katbieri]

Posted again

 

[quincy]

Former friend whom I had a fallout with accused me of sending harassing text. Investigator called over it and said he was issuing warrants to find out if they came from our IP address. Asked if I had any knowledge of it and I replied I did not. He came to my home today and showed me that they did in fact come from our IP. However I didn't send them. I have 3 other family members in my home to include 2 minor children. He said everything pointed to me because of my former friendship with her and it being an IP where I live. He asked to speak to my children and I refused access to them, told him we would be seaking legal aid and asked him to leave. My question is...can he arrest me simply because I had a former friendship with her as he makes it sound. I understand it came from our account, but that doesn't mean that I did it. And what can happen to my children if they were responsible. One is 13 and the other 17.

What kind of investigator called you and visited you? A police investigator?

You have been smart so far not to answer any questions posed by the police or to grant the police any access to your children. Continue to be smart. Do not be intimidated by any threats of arrest. And do not turn over your phone(s) to the police without a warrant.

That said, if the police actually used their resources to track text messages to your cell phone and your home, and are talking about a warrant, there seems to be more to this than just one or two harassing texts.

You would be smart to contact an attorney in your area now, for some advice and direction.

 

[davew128]

The "investigator" is blowing smoke up your posterior. Texts don't get sent through IP addresses unless its from a computer messaging service.

 

[CdwJava]

I suspect the messages may have been through Facebook or some other social media app in which case there MAY be an IP associated with them. This seems to be the preferred method of harassment (in my experience, almost always females harassing females) as it sometimes has the benefit of an audience if posted to a page or to a group rather than as an individual message.

That being said, I find it very peculiar that the police would spend so much effort - including serving search warrants - to try and find out who was being mean by text, email, or messaging! That's a department with nothing to do and a heck of a lot of resources!! Where I have worked, we'd do little more than make a CAD entry on the subject, or, write a very short report and file it away. The end.

 

[quincy]

I suspect the messages may have been through Facebook or some other social media app in which case there MAY be an IP associated with them. This seems to be the preferred method of harassment (in my experience, almost always females harassing females) as it sometimes has the benefit of an audience if posted to a page or to a group rather than as an individual message.

That being said, I find it very peculiar that the police would spend so much effort - including serving search warrants - to try and find out who was being mean by text, email, or messaging! That's a department with nothing to do and a heck of a lot of resources!! Where I have worked, we'd do little more than make a CAD entry on the subject, or, write a very short report and file it away. The end.

If the phone has a data plan and a subpoena were to be served on the mobile phone company, the phone company can potentially come up with all IP addresses associated with that number. It is harder when connected over Wi-Fi. You will get the IP address from the Wi-Fi access point. At least, that is my understanding.

It sounds as if the investigator was perhaps trying to intimidate katbieri into confessing to sending the text, and the whole talk of getting a warrant was just talk (again, if this was really the police who came calling on kat). I agree that most police departments do not have the time or the resources to investigate this thoroughly an harassing text. If it were a threatening text, or several threatening texts, that might change things.

 

[CdwJava]

Sounds about right.