identity theft?

[Hopkins306]

What is the name of your state? Indiana
Earlier last week a detective came to my apartment to talk to me and he said he had a strong suspicion that i had commited a crime on my computer. he asked to look at my computer but i told him no way and asked if he had a warrant. He said he didn't then i told him to please leave which he did. two days later he came back with a warrant to take my computer, printer, and any documents pertaining to a certain name. They were kinda shocked that i didn't even have a printer. they took the computer, moniter, all data cds, extra internal ram memory sticks, and a bunch of old highschool photos because he thought one of the people in the pictures was the 'Victim'. other stuff was taken but i dont' know what it was because they didn't show me anything before they put it into thier brown evidence bags. The name is not mine but someone i know of that the detective claims i stole that person identity. I had several months earlier made a fake facebook of that person to have some laughs and trick people that i was that person for fun. i deleted it two days after i made it. But thats not the supposed crime. for some reason the police investigated it and i had made a hotmail email address that i registered that fake facebook in and when i made it i had entered that persons name instead of mine. Is that really a crime to use a fake name registering a hotmail email account? The detective said he was sending the computer to the state lab and it has a two year back up and i'm probably never going to see it agian. he also said that if i talked to him and confessed i wouldn't get charges pressed. he also said that if i had let him on the computer two days before the search that none of this would be happening. its been four days since he said he was going to go to the judge about it and nothing has happened so far. How do i go about trying to get my computer back? Is it possible for me to get things like the extra memory sticks and photos back? If i get a new computer can the detective come back and take it too?

 

[CdwJava]

See what happens when you make up stuff just for fun? It sounds like you made up a name and identity that just happened to be a real person. Why would an adult do that? I could venture a number of guesses, and they all involve illicit activity. Hopefully, your actions were just childishness and not motivated by criminal behavior.

How do i go about trying to get my computer back?

You can ask nicely ... but that probably won't work. You can also hire an attorney ... but that might be more expensive than the computer. However, consulting an attorney might be a good idea anyway as you face potential felonies.

Is it possible for me to get things like the extra memory sticks and photos back?

Anything is possible. See above.

If i get a new computer can the detective come back and take it too?

With another warrant, sure.

- Carl

 

[Hopkins306]

but he said he was sending the computer to the state lab. what do i have to do to request it back since its at the state. And who am i soppose to ask nicely to get my things back? I assume that all the computer stuff was sent to the state lab. do i have to go file some paperwork at the local police department? and no, the identity was the same as the person who's facebook i copied. Nothing illegal was done with it. and the only way someone could find out who's name the hotmail account was in is the police with a supeona. There is absolutely no way that a hotmail account could be used to steal someones identity. And the police never even mentioned the facebook. The fact that they were looking for printed documents and a printer might suggest they thought that i had actually stolen his identity such as his social security number, birth certificate, ect. which i have never done. I also had two very expensive games in the two cdrom drives that i forgot were in there when the computer was taken. what do i have to do to get those back? so the old warrant won't let him get my new computer?

 

[CdwJava]

And who am i soppose to ask nicely to get my things back?

The detective who took it. You can also have an attorney bring a motion before the court to produce the computer.

Ultimately, until it is no longer needed for investigation or for evidence, it will remain in police custody.

and no, the identity was the same as the person who's facebook i copied. Nothing illegal was done with it.

Depending on state law, what you did might have been unlawful. Not knowing what the allegations are, there is no way to say for sure.

and the only way someone could find out who's name the hotmail account was in is the police with a supeona.

You might be surprised. But, a subpoena is not tough to get.

There is absolutely no way that a hotmail account could be used to steal someones identity.

It depends on how it is used.

The fact that they were looking for printed documents and a printer might suggest they thought that i had actually stolen his identity such as his social security number, birth certificate, ect. which i have never done.

It may very well be that you copied this guy and he coincidentally suffered soem form of loss around the same time. Hence the reason you are a suspect. Another good reason why childish pranks should not be pulled by adults.

I also had two very expensive games in the two cdrom drives that i forgot were in there when the computer was taken. what do i have to do to get those back?

Ask for them ... wait for the evidence to be released ... or go to court.

so the old warrant won't let him get my new computer?

No. He would have to obtain a new warrant using an affidavit to justify why he has good cause to believe that evidence of the alleged crime might be on this new computer.

- Carl

 

[Hopkins306]

how do i know when the evidence is released? will i be informed of it? I cannot afford an attourney. Can i file the motion myself? lets say the motion was filed to produce the computer, what would happen? The computer is at the state lab so do i call the detective still to get the cdroms back or do i contact the lab? I contacted some friends who know the person who's name i used and they asked him and he has never heard of his identity being stolen nor has he ever been contacted by the police about this. From what i understand someone i talked to while pretending to be that person on facebook was so mad when they found out it wasn't him that she contacted the police about it. I think her contacting the police had a lot to do with her telling me a LOT of intimate details of her life then finding out it was a fake profile. Both the person who's name i used and the person who actually complained to the police live multiple states away from me. And from what i'm being told by my friends is that she complained to her local police, they contacted my local police and for a few months nothing happened but i went and told some friends some of those intimate details she told me and eventually she found out it was me that made the fake facebook/told her intimate details to people and she contacted her local police who then gave the information to my local police and they decided to take the computer and send it to the state lab knowing there was a two year backup then they can hold everything untill the statue of limitations runs out so they would stop hearing about it because all my communication with them is over the computer/internet( thats what my friends told me and they heard that from the girl who was told by her local police what my local police did). There are no charges being filed or planned on being filed by the girl because the detective never said anything about that and my friends tell me she's not. along with the fact that twice the detective has said that if i confessed to what i did no charges would be filed. obviously no charges were being pressed by the person who's name i used. can the police still charge me with identity theft if no charges were pressed by the person who's name i used?

 

[Shay-Pari'e]

Carl, you need to look up this guy's posting history.

 

[CdwJava]

how do i know when the evidence is released? will i be informed of it?

Probably. It likely won't be released until either the case is resolved in court, they no longer need it, or the statutory time for prosecution has passed. In other words, it will probably be long obsolete by the time they contact you.

I cannot afford an attourney. Can i file the motion myself? lets say the motion was filed to produce the computer, what would happen?

Probably nothing. If YOU do it, you are almost certain to do it incorrectly. It would require a great deal of research and making the proper supporting arguments. I wouldn't know how to do it, either.

Your easiest course would be to ASK the detective for the discs back or keep in touch with him about the case and when you can get stuff back.

can the police still charge me with identity theft if no charges were pressed by the person who's name i used?

Yes. It depends on the circumstances.

- Carl

 

[gawm]

he also said that if i talked to him and confessed i wouldn't get charges pressed. he also said that if i had let him on the computer two days before the search that none of this would be happening.

He's lying!

 

[CdwJava]

He's lying!

Maybe not entirely.

I'm more inclined to be less intrusive if I get cooperation. But, if someone makes me jump through the hoops, then I'm going to make it worth the effort.

It could well be that the detective could have resolved the matter quickly by taking a peek in the computer the previous day. If there was nothing there, he'd be gone. In this case, he was compelled to turn what might have been a couple of hours to turn around and close out a tip into a major case.

But, he was within his rights to wait for the warrant. Now the system will drag on ... and on ... and on ...

- Carl

 

[Hopkins306]

I've recieved several confirming details from friends and then last night the girl saw i was on aim and contacted me saying i was stupid to go buy another computer after they took, then she listed EVERYTHING the cops took even the stuff i didn't notice was missing untill she told me. and then she confirmed that the cops took it away from me not to press charges but so they would stop getting reports from her everytime someone brings up something they've heard about her and she goes saying i'm the one that told them that. There's no questions i just want to bring this thing to a close and inform anyone who keeps track of this that no charges are being pressed. The case never went before any judge. and that my other computer will be held in the legal process as long as possible so that i "can't cause anymore trouble". I never thought I'd be grounded from the computer by the police.

 

[Hopkins306]

well here's the update and more questions on this old post. I was finally arrested on january 19,2007. I am being charged with Identification Deception, intimidation and two charges of Harrassment. Here's what's happening. The police report is full of errors. The police are saying that I harassed two people with that fake account. One of the girls is the girl i talked about before (Girl A) on here the other is her best friend (Girl B). I know for a FACT that (Girl B) did not even have a facebook untill several months later. they're also claiming i harassed them (and intimidated Girl B) on AOL Instant Messenger. I got the police report in the Motion for Discovery and it states

"On 01-08-07, I transferred the computer and search warrant to my office. I had another investigator assist in the search of the computer. During the search of the computer several files from AOL internet messaging were located. Many of the files located had been emptied, but the name of the folders were screennames which had been reported as the suspects."

I know exactly what they're talking about and here's the problem with it. I remember AOL Instant Messanger use to save internet chat logs automatically about 6-8 years ago. But todays versions of it do NOT save chat logs to those files. The files they claim I deleted were never there to begin with. I know i'm correct about this but how do i go about proving it?

The report also says that I would send pizzas, taxi's, candy, and flowers to their houses. Which I have never done. The report also say's i contacted (Girl A) and talked to her about what was going on. I actually talked to (Girl B). It says that i had also talked to (Girl A) on AIM about what was going on. Agian it was (Girl B).

The report also claims that I spray painted one of the victim's cousin's houses. Which is ridiculous. I live in Indiana. The cousin also lives in North Carolina. I have not been questioned of my wearabouts around the time it occured. I do not know when it occured. I don't even know if even a police report has been filed. I recieved a restraining order the day i was arrained in court claiming that I was the one who spray painted their house and also saying that I had solicited their address from them over the internet but it doesn't say how. Is there anyway i can actually with a hope get this to not be said in court because they didn't even investigate me in this matter.

The whole police report just states reports of me contacting or harassing these people but the only thing they have as evidence is the supeona on that facebook. They don't have any print offs of these conversations they claim i had. They didn't supeona AOL to verify that those screennames were mine. They don't have any chat logs of me talking to these people. They just have their statements. Is it possible to get the case thrown out of court because of lack of evidence? the case just seems to be going on reports and not actual evidence.