Can mugshot racket operators be arrested?

[mikecook890]

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

Long story short: A while ago I was arrested for something. The charges against me were dropped and I was not convicted.
Yet 4 years after my arrest,
My mugshot appears on Justmugshots.com, which can easily be found by doing a google search of my name. The operator of this site is asking me for a fee of $150 to remove the mugshot from his site.
There is a movement against these kinds of sites. Laws have been passed in a few states banning the practice. There is a pending class action lawsuit in Ohio. Tens of thousands of people have signed petitions. Stories have appeared on the news all over the country, NBC, etc, etc.

Now it just so happens that the operator of Justmugshots.com lives in the same county as I live in, Orange County, California. He lives in Costa Mesa, which is not far from where I live, just a few miles.
If I went down to the local police here and filed a report stating that the operator of the site blackmailed me, could the police do anything? That is, could they arrest him for blackmail?
This guy has tens of thousands of enemies. He's known as a sleazy thug. No ONE likes him. A lot of people would love to see this him booked and then see his mugshot posted on the internet for all the world to see.

 

[CSO286]

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

Long story short: A while ago I was arrested for something. The charges against me were dropped and I was not convicted.
Yet 4 years after my arrest,
My mugshot appears on Justmugshots.com, which can easily be found by doing a google search of my name. The operator of this site is asking me for a fee of $150 to remove the mugshot from his site.
There is a movement against these kinds of sites. Laws have been passed in a few states banning the practice. There is a pending class action lawsuit in Ohio. Tens of thousands of people have signed petitions. Stories have appeared on the news all over the country, NBC, etc, etc.

Now it just so happens that the operator of Justmugshots.com lives in the same county as I live in, Orange County, California. He lives in Costa Mesa, which is not far from where I live, just a few miles.
If I went down to the local police here and filed a report stating that the operator of the site blackmailed me, could the police do anything? That is, could they arrest him for blackmail?
This guy has tens of thousands of enemies. He's known as a sleazy thug. No ONE likes him. A lot of people would love to see this him booked and then see his mugshot posted on the internet for all the world to see.

Simply because there is a movement agianst these kinds of sites doesn't (yet) make what they are doing illegal. The proprietor is merely collecting publicly avaiable information and then publishing them in an online database. He will willing to remove the information (provide a service) he has for a price. It's not blackmail, nor is it illegal--until there's a law that says so.

 

[LdiJ]

Simply because there is a movement agianst these kinds of sites doesn't (yet) make what they are doing illegal. The proprietor is merely collecting publicly avaiable information and then publishing them in an online database. He will willing to remove the information (provide a service) he has for a price. It's not blackmail, nor is it illegal--until there's a law that says so.

I view it a tad differently, particularly since the OP's charges against him were dismissed...to me that does smack a little bit as extortion.

It wouldn't hurt for him to speak to the police. The worst they could do is nothing.

 

[Ohiogal]

I view it a tad differently, particularly since the OP's charges against him were dismissed...to me that does smack a little bit as extortion.

It wouldn't hurt for him to speak to the police. The worst they could do is nothing.

It is NOT extortion at all. Mugshots mean the person was arrested. OP was arrested. Nowhere does it state that the mugshots mean he was/is guilty of a crime. The operator is not doing anything wrong.

 

[Mass_Shyster]

I doubt the police will do anything, but I don't think they would last too long against a determined plaintiff.

Looking at the site, it seems like a good amount of the information is false. I checked near me in Massachusetts. Most of the photos shown have a "Pinellas County" watermark (there is no Pinellas county in Massachusetts) and the "charges" are not Massachusetts criminal codes.

OP, use a google image search for your photo and see if it's listed there with any other names and/or charges.

 

[swalsh411]

It may not break any laws (currently) but it's indefensible from a moral standpoint.

 

[mikecook890]

Let's look deeper into the facts

How is it not extortion? It's granted that the mugshots are accessible to the public yet mugshots are not READILY accessible to the public. There is a formal process one has to go through if one wishes to obtain copies of mugshots. In my case, one would have to contact the court in the county where I was arrested, pay them a few dollars, and wait for the records to arrive in the mail. This process is tedious and time-consuming.

Fact:
I'm an average Joe. Little or no harm has been done to me as of today because of this mugshot. This is because, as an average joe, no one has cared to look up my name. No one has looked it up yet except for myself.
What this website operator is basically saying is this : " Hey, unless you pay up, I'm going to keep your mugshot broadcasted to the world for everyone to see--If you don't pay, that future potential employer or business associate is going to see it."

No harm has been done today. The harm would occur in the future, unless I pay. Since I wasn't convicted of the crime for which I arrested for, future employers would likely overlook the arrest record when conducting a background check. In other words, they wouldn't otherwise see the mugshot.

 

[CSO286]

How is it not extortion? It's granted that the mugshots are accessible to the public yet mugshots are not READILY accessible to the public. There is a formal process one has to go through if one wishes to obtain copies of mugshots. In my case, one would have to contact the court in the county where I was arrested, pay them a few dollars, and wait for the records to arrive in the mail. This process is tedious and time-consuming.

Fact:
I'm an average Joe. Little or no harm has been done to me as of today because of this mugshot. This is because, as an average joe, no one has cared to look up my name. No one has looked it up yet except for me.
What this website operator is basically saying is this : " Hey, unless you pay up, I'm going to keep your mugshot broadcasted to the world for everyone to see--That future employer or future business associate is going to see it"

No harm has been done today. The harm would occur in the future, unless I pay. Since I wasn't convicted of the crime for which I arrested for, future employers would likely overlook the arrest record when conducting a background check. In other words, they wouldn't otherwise see the mugshot.

Well, you are welcome to disagree with the peole who have spent time researching your issue for free.
Now, please go and pay an attorney to tell you the exact same thing.

Have a nice day.

(ETA: By the way, an attorney did respond to your question. For free.)

 

[mikecook890]

I'm sorry, I didn't mean to offend anyone. I was only trying to help the members who replied to my post think of it at a different angle.

Additionally, this isn't just for me. Tens of thousands of people are being wronged by the mugshot racketeers. It would do a great justice to society if these people were arrested and put on trial.

(ETA: By the way, an attorney did respond to your question. For free.)

What, is an attorney some kind of genie that can do magic tricks? IMO, an attorney is a normal human being just like anyone else. I do appreciate the feedback I've received on here. But still, if you don't like what I post, don't read it..:O

 

[tranquility]

How is it not extortion? It's granted that the mugshots are accessible to the public yet mugshots are not READILY accessible to the public. There is a formal process one has to go through if one wishes to obtain copies of mugshots. In my case, one would have to contact the court in the county where I was arrested, pay them a few dollars, and wait for the records to arrive in the mail. This process is tedious and time-consuming.[/B]

Because it is not illegal to publicize public information. The reason it is available to the public is because the government has determined it is a good thing. Sure, some state's are changing the law. California, to my knowledge, has not.

Paying for the removal will not really help. Others will have the item as well.

If you get an attorney to send a letter, you might get it removed. Not because there is a legal requirement, but because the amount of money it would cost to defend a lawsuit on the matter is more than they would get. It would be a simple business decision.

 

[LdiJ]

Because it is not illegal to publicize public information. The reason it is available to the public is because the government has determined it is a good thing. Sure, some state's are changing the law. California, to my knowledge, has not.

Paying for the removal will not really help. Others will have the item as well.

If you get an attorney to send a letter, you might get it removed. Not because there is a legal requirement, but because the amount of money it would cost to defend a lawsuit on the matter is more than they would get. It would be a simple business decision.

That really is a good idea. It might cost a tad more than what the website wants to charge, but at least the money wouldn't be going to the website.

I think its morally repugnant myself to publish mugshots of people whose charges were dismissed.

 

[CdwJava]

Of course, at the time the mugshot was published, the charges likely had not been dismissed. Plus, if the source of the mugshot was the jail, it is unlikely the jail would have that information even if they had been dismissed prior to any hearing.

As for extortion, that'd be a stretch and the local police will almost certainly not act on the release of public information.

http://leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=518-527

 

[OHRoadwarrior]

Wait until OP finds out paying one site will just make it appear on another and so on.

 

[RedemptionMan]

it does not matter if the charges were dismissed as long as they remain on the public sector side they will remain there. If the charges were dismissed then all states that I am aware of allow for the defendant to be allowed to have the charges sealed, expunged and removed from the public record. As long as this stays on the books then it can be reported and even 3rd party background check companies will reported arrests and charges which act like convictions when in reality the person was just charged and the evidence did not allow for further conviction. You need to contact your lawyer or call the court house to get the ball rolling on an expungement of the charges. I am sure that the judge would sign off on it and then ask the website to correct it, if he does not then seek damages for violation of the FCRA.

good luck.

 

[quincy]

How is it not extortion? It's granted that the mugshots are accessible to the public yet mugshots are not READILY accessible to the public. There is a formal process one has to go through if one wishes to obtain copies of mugshots. In my case, one would have to contact the court in the county where I was arrested, pay them a few dollars, and wait for the records to arrive in the mail. This process is tedious and time-consuming.

Fact:
I'm an average Joe. Little or no harm has been done to me as of today because of this mugshot. This is because, as an average joe, no one has cared to look up my name. No one has looked it up yet except for myself.
What this website operator is basically saying is this : " Hey, unless you pay up, I'm going to keep your mugshot broadcasted to the world for everyone to see--If you don't pay, that future potential employer or business associate is going to see it."

No harm has been done today. The harm would occur in the future, unless I pay. Since I wasn't convicted of the crime for which I arrested for, future employers would likely overlook the arrest record when conducting a background check. In other words, they wouldn't otherwise see the mugshot.

It sounds as if you have been reading a few websites to gather information, mikecook. Some of your phrases seems familiar. It is smart to do a lot of research before jumping ahead to filing a police complaint (although I find that idea sort of intriguing).

I agree with you that these mug shot sites are problematic. Some states have tried to tackle them using privacy rights laws. The Ohio attorney who filed the class-action against five of these websites is using publicity rights as a cause of action. Others have tried using copyright laws and others have tried defamation and false light (false light of which can fall under defamation laws in some states, under privacy laws in other states). Both Florida and Nebraska have had suits with success measured in having the mug shot not released for publication (Florida) and in having the mug shot removed (Nebraska). New Jersey, on the other hand, has judged that the publication of mug shots are First Amendment protected and not defamatory, even when charges against the person photographed have been dismissed or expunged.

You may have good luck finding a resolution to your situation in California by contacting the Ohio attorney, whose name, phone number and website can be accessed by doing a simple online search ("Ohio mug shot website class action").


(I hope the information I provided is not violating the TOS. As a disclaimer, I have no connection with the Ohio attorney and only know he is the first to start a class action against a handful of mug shot sites)