Suing the federal government?

[and1player38]

I live in Texas.
An FBI agent is trying to bring charges against me for child-pornography. I'll start off by saying I'm only 18 years old, I was off to my first month in college when I got an unfortunate call from my parents saying four FBI agents had visited my house and ended up looking for me by my AIM screenname. A few weeks an agent then came up here to talk with me, he came at about ten AM and pulled me out in my dorm hallway to question me for about an hour (all without an attorney). They then asked if they could see my laptop, of course haven't committed the accusations so I told them they could. They then told me they wanted to take my laptop, having about a months worth of notes all done on my computer I told them no, needless to say they took it anyway. When they asked for me to sign a waiver saying they could search it I told them no they'd have to wait for a judge to get one. So they took my laptop where all of my notes, assignments, and due dates were on, they then left and came back a while later when I wasn't there and asked for my roommate's information. Now they're subpoenaing my roommate who I had only lived with for a month this Wednesday. Later on they came back and start knocking on everybody in my hall's room and started asking them questions about me like:
"Does he have any child-porn on his computer?"
"Has he ever showed you any child-porn?"
and questions like that.
I guess to sum everything up they've caused quite the hassle in my life forcing me to drop classes since I no longer have the adequate equipment, ruining my name with the people living in my hall, as well as forcing my parents to hire an attorney that is $10k just to represent me and all the way up to six digits to defend if this all does go trial; all for something that I haven't even done.
Is there way to be compensated for everything that I have been through?

 

[tranquility]

The only thing you have which could be a problem is the seizure of your computer. I find it unlikely the FBI would seize something which would be the major evidence against you illegally. But, if they did, you might have a case under 42 U.S.C. 1983. See an attorney and be sure to bring all the proof you have. Remember, it's not what you say happened, but what you can prove happened.

 

[justalayman]

If that is your buddy using your screen name to ask about a grand jury and is it about your case, I don;t knwo if I would worry too much about suing anybody yet.

If he is testifying about you, you'll have your hands full IF an indictment is presented.

 

[smutlydog]

I live in Texas.
An FBI agent is trying to bring charges against me for child-pornography. I'll start off by saying I'm only 18 years old, I was off to my first month in college when I got an unfortunate call from my parents saying four FBI agents had visited my house and ended up looking for me by my AIM screenname. A few weeks an agent then came up here to talk with me, he came at about ten AM and pulled me out in my dorm hallway to question me for about an hour (all without an attorney). They then asked if they could see my laptop, of course haven't committed the accusations so I told them they could. They then told me they wanted to take my laptop, having about a months worth of notes all done on my computer I told them no, needless to say they took it anyway. When they asked for me to sign a waiver saying they could search it I told them no they'd have to wait for a judge to get one. So they took my laptop where all of my notes, assignments, and due dates were on, they then left and came back a while later when I wasn't there and asked for my roommate's information. Now they're subpoenaing my roommate who I had only lived with for a month this Wednesday. Later on they came back and start knocking on everybody in my hall's room and started asking them questions about me like:
"Does he have any child-porn on his computer?"
"Has he ever showed you any child-porn?"
and questions like that.
I guess to sum everything up they've caused quite the hassle in my life forcing me to drop classes since I no longer have the adequate equipment, ruining my name with the people living in my hall, as well as forcing my parents to hire an attorney that is $10k just to represent me and all the way up to six digits to defend if this all does go trial; all for something that I haven't even done.
Is there way to be compensated for everything that I have been through?

Obviously someone has been using your screen name for something illegal or the FBI wouldn't have gone through all the trouble. If it wasn't you then look around and think about who might have access to this information and or your computer. Also I have been told that when you use a wireless connection it's puts your data at risk. I could be wrong about that theory so you might want to get an expert opinion on that possibility.

 

[and1player38]

Obviously someone has been using your screen name for something illegal or the FBI wouldn't have gone through all the trouble. If it wasn't you then look around and think about who might have access to this information and or your computer. Also I have been told that when you use a wireless connection it's puts your data at risk. I could be wrong about that theory so you might want to get an expert opinion on that possibility.

See the thing is where all these supposed crimes took place were on my desktop computer. When I left for school I took my new laptop and left the PC. The laptop that the FBI took was barely a month old and had next to nothing on it excluding my schoolwork. I didn't have a wireless network at my house but a few friends do know my AIM password not that they would have gotten on it.

@ justalayman I'm not worried about anything they're pressing on me beacuse I simply haven't had any child porn on my computer and it's as simple as that. I just want my compensation for everything they've been putting me through.

 

[smutlydog]

a few friends do know my AIM password

I guess everybody is different. Your interested in compensation. I would be dying to find out who set me up.

with friends like that who needs enemies

 

[justalayman]

S

@ justalayman I'm not worried about anything they're pressing on me beacuse I simply haven't had any child porn on my computer and it's as simple as that. I just want my compensation for everything they've been putting me through.

I understand but at this point, they apparently believe they have some proof to justify thier actions. If there is an ongoing investigation, you will get nowhere until it is concluded. They can (and will) keep everything undisclosed until they believe they have aquired adaequate proof to indict or reject , which if the other guy posting was talking about you, shouldn;t be too long.

If there is evidence on your computer, you will have to defend yourself. I'm not saying your guilty (or not), merely the apparent suspect for the moment. You will probably get a chance to defend yourself. Then IF the feds did not have justifiable casue to do what they have, then you get to sue. You are a bit premature.

You are blaming them for investigating a possible crime. They get to do that as long as they follow the rules. Even if you are injured and not indicted or found not guilty, you would still have to prove they were malicious in thier actions and not merely investigating a crime or there was absolutely no justification for the investigation.

 

[justalayman]

The other thing that is a big problem right now in my mind is that you stated you had to drop classes due to the confiscation of your computer.

What are you using to post on this site?

Except for the notes, everything else mentioned is easily recovered from other sources.

Having been in college, I also know that notes are generally able to be acquired with a bit of effort. Given the situation, most prof's I've dealt with would assist in this even (or at least throw a TA at you)

 

[tranquility]

You are blaming them for investigating a possible crime. They get to do that as long as they follow the rules. Even if you are injured and not indicted or found not guilty, you would still have to prove they were malicious in thier actions and not merely investigating a crime or there was absolutely no justification for the investigation.

Following the rules is a far higher standard than no justification or maliciousness. In the case of seizure of the laptop, they can do it either with a warrant or consent. They may be able to hold something for a short time while they are getting the warrant which is based on probable cause shown to a neutral magistrate. While the specifics of what is "reasonable" in case law makes all types of exceptions, maybes, buts and howevers, the core is:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. "

 

[justalayman]

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. "

Where do you live Tranquility?

GW tossed out the need for a warrant for many many things with the Patriot Act.

He removed the need for provable PC to hold people in detention in way too many circumstances and without a requirement of right to counsel or even a speedy trial.

The SCOTUS tossed out the need for warrants for searches for drug cases (in many situations, many of which IMO are simply wrong).(and I am definatley anti-drug but I am pro constitutional rights more)

I know what you posted is supposed to be the way it works but I believe that many of those rights, along with many others, have simply eroded away to meaningless words on an old piece of paper.
--------------------
As you posted earlier, it is doubtful (although possible) the FBI did in fact abuse their rights of seizure and the requirements that allow those abilities. We'll see. I just believe the OP is simply getting ahead of himself.

 

[and1player38]

The other thing that is a big problem right now in my mind is that you stated you had to drop classes due to the confiscation of your computer.

What are you using to post on this site?

Except for the notes, everything else mentioned is easily recovered from other sources.

Having been in college, I also know that notes are generally able to be acquired with a bit of effort. Given the situation, most prof's I've dealt with would assist in this even (or at least throw a TA at you)

Since I NEED a computer for college I went home that weekend and got my old PC.
I talked to my TA and i couldn't get the Powerpoint notes from my teacher since it's a lecture class with like 300 other kids. I ended up getting notes from a few of my friends, but I had to drop out of one of my classes because I had two essays due the next day on them and they were worth a significant part of my final grade.

I realize I have to wait until they're finished with their investigation I just want to be ready to act as soon as everything is over.

 

[justalayman]

Since I NEED a computer for college I went home that weekend and got my old PC.
I talked to my TA and i couldn't get the Powerpoint notes from my teacher since it's a lecture class with like 300 other kids. I ended up getting notes from a few of my friends, but I had to drop out of one of my classes because I had two essays due the next day on them and they were worth a significant part of my final grade.

I realize I have to wait until they're finished with their investigation I just want to be ready to act as soon as everything is over.

Sounds reasonable, except,

one would think that if they seized your laptop, they would also have taken your PC at home as well.

An odd bit of info.


Now here is the dad in me speaking.
Why were you waiting to write the essays until the last minute. If you has done them already (I bet I know what you are going to say, they were done but on the laptop)) AND you had done what anybody should do with any important info; put it on a backup disc, you would have faired better. Do you realize how often computers fail, get damaged, get stolen, get lost,,,etc.

Haven't you ever heard the old joke about Jesus, the Devil, and God and how God decided who should rule the world?

 

[tranquility]

Justalayman, when you stop looking out the window for the black helicopters and want to read something other than a far left or right wing scare sheet, a good place to start would be:

http://www.cybercrime.gov/s&smanual2002.pdf

Admittedly, Patriot II is not yet integrated into the manual.

 

[and1player38]

Sounds reasonable, except,

one would think that if they seized your laptop, they would also have taken your PC at home as well.

An odd bit of info.


Now here is the dad in me speaking.
Why were you waiting to write the essays until the last minute. If you has done them already (I bet I know what you are going to say, they were done but on the laptop)) AND you had done what anybody should do with any important info; put it on a backup disc, you would have faired better. Do you realize how often computers fail, get damaged, get stolen, get lost,,,etc.

Haven't you ever heard the old joke about Jesus, the Devil, and God and how God decided who should rule the world?

I didn't feel the need to mention this before but I used to run a small business to earn some easy money by making websites, setting up networks, assembling as well as fixing computers. I know a few of the .NET languages, as well as PHP, MySQL, and of course with that HTML and CSS so I do know my way around a computer. The laptop that they took was again a brand new and in tiptop shape, and although of course hard drives can crash at any time it was highly unlikely being so new. I did have an external backup of all of my data files such as my music, pictures, and all the setup files needed incase of the need of a reformat but they took that too. Ironically enough though there was some porn on my external but it was all from NaughyAmerica so it was all legal. O

They didn't take my desktop because it was at my house six hours away and although I did tell them that everything that they everything they were accusing me of would have happened on the desktop they took the laptop anyway. I wasn't waiting to work on my essays at the last minute because completing those essays even with a week left is probably impossible, so yes both the essays were fully completed on that computer and ready to turn in. I had been working on them since the beginning of school having put about 20-30 hours into the two essays, being an architecture major those essays and notes were my life. To even be in some of the classes laptops are basically required since we take nonstop notes from 1:45 to 4:45 twice a week; I was lucky that I was even able to get my advisor to let me drop that one class and not out of college entirely (although I am no longer an architecture major since I'm not taking all of the required classes this year).

@ justalayman Sorry for the long explanation, but yeah I'm pretty sure I answered everything. Also I looked at a lot of my past topics that I've started over various happenings and you have helped me a lot and your opinion is well respect by me. so thanks.

@ smutlydog trust me nobody set me up. The few people that do know my password were close friends. When the FBI came to question me they did have a picture of a girl and they asked me if I remember talking to her. The picture was one that I didn't really remember seeing but did look familiar and it was just a yearbook photo of some girl, being into computers I used to talk on a lot of forums for teenagers so I did get a lot of random IMs from random people and I would talk to them from anywhere from five minutes to a few weeks so. I am guessing I may have talked to an FBI agent, I wouldn't ever start IMs with people so anybody that I did talk to initiated the conversation with me, and the most I would ever exchange were mySpace links with people I didn’t know. After talking to people for a while though of course a few might have sent me pictures of their weekends or random crap, but I will say it again… never has anybody sent nor have I ever asked naked or illicit photographs or videos for that matter. There is another way that I might have gotten into the FBIs radar but I’m afraid I’ve already made this post long enough with a bit more to go and it is a little farfetched, although possible.

Going back to the topic even though justalayman thinks I'm getting ahead of myself I like to think of it as being prepared. Since there's nothing I can do about the investigation the only thing I can do is plan ahead, assuming that I'm not found guilty and don't go to federal prison I want to know exactly what I'm doing to respond to there actions. I know I should be consulting my attorney about this but before I bring anything to him I want to sound professional and not just like some naive teenager that just wants to walk around suing everybody for everything.

So as far as everything goes will I have a case for them taking my computer without my consent? I am able to prove that due to my roommate being here when everything happened.

What about their unethical tactics of asking everybody in my hall (about 30+ other kids) if "I've shown them child porn" or if "I have child porn on my computer."? Isn't that slander since it's spoken defamation of my name blatantly associating me with such a subject? The way they asked their questions makes me look like a creep and a pervert to my new acquaintances. Could it be proven possible that their tactics completely unnecessary and purposely used to hurt my name as well as for getting information? Couldn’t they have started out asking questions like “Have you ever had any social interactions with Eric?” then moving onto “Have you ever been in their room?” then to “Have you ever seen any questionable or illicit content on his computer?” or “Do you know if Eric has any illegal contents or pictures on Eric’s computer”? They could have easily asked these questions to avoid hurting my name and still acquire the information they wanted. Does the government have the ability to walk up to random people and question them all giving the blatant attitude of “this person is guilty of what we’re asking you” even though they’re questioning due to the initial investigate of the possibility of my guilt?

They also took my laptop knowing all of my time-sensitive schoolwork was on it. I even told them if I could simply get a few files that I needed for school I would let them take it and even offered to let them do it with me over their shoulder telling them what to e-mail to myself. They knew of everything on there and the importance of it, I told them that if I couldn’t get what was on there then I’d most likely have to drop my major. They then took my laptop without even showing me a warrant of any kind. Their taking my laptop, ruining my reputation at my school, and investigation has caused me lots of stress and mental anguish. As anybody would when being federally investigated, I do often worry about my future being uncertain if I will even be at college next year or behind bars at a federal prison (no I’m not saying I’m guilty but we all know the judicial system is about as great Bush in the White House for two terms). Is it likely to get any kind of compensation due to a lawsuit because of these reasons?

 

[justalayman]

Justalayman, when you stop looking out the window for the black helicopters and want to read something other than a far left or right wing scare sheet, a good place to start would be:

http://www.cybercrime.gov/s&smanual2002.pdf

Admittedly, Patriot II is not yet integrated into the manual.

Tranquility, I can assure you I am not paranoid. The items I mentioned are very real. They have all happened already.

Mabe it is not I that should ignore the helicopters but it is you that must open your eyes.

B. Franklin is given credit for the quote; ".They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."

The current government has used the current political climate to empower the government to remove many freedoms under the guise of providing security.

The link will take some time to digest.

-----------
and1player38

the Dad thing. Wasn't really meant to answered. I just can't help doing that, just ask my kids. But you did answer and thanks for that.

the slander thing.

No, they are not slandering if there if they are conducting an investigation concerning porn. Granted, it is the old "can't take it back" situation but if the investigation is legit, so are the questions. They did not accuse you of having porn, simply asked it you have it. They get to do that. Now if this ends up without charges, you can look into what was their justification to initiate such an investigation. If it was without merit, then you can look to seeking recompense, maybe. It would be a tough road to hoe.

the getting ahead of yourself part:

if this investigation actually results in charges, your desire to recieve compensation becomes moot. If the grand jury indicts, that would mean there was justifiable cause to investigate you. If they seized the laptop illegaly, that would then become a defense available to you, at least concerning info contain within. Other than that, they are pretty safe.