Wednesday, December 6, 2017
Fed Court overturns ruling that allowed a Virginia police detective to force a child to masturbate so he could take pictures of his erect penis
30 page pdf of the 4th Cir. ruling: Trey Simms v. The Estate of David E. AbbottTl;dr:In 2014, David E. Abbott, a detective with the Manassas City Police Department in Virginia, investigated allegations that 17-year-old Trey Sims used his cellular telephone to send sexually explicit photographs and video recordings of himself to his 15-year-old girlfriend. During the course of the investigation, Abbott obtained a search warrant authorizing photographs of Sims’ naked body, including his erect penis. When Abbott executed the warrant, he allegedly demanded that Sims manipulate his penis to achieve an erection. Sims unsuccessfully attempted to comply with Abbott’s order...A reasonable police officer would have known that attempting to obtain a photograph of a minor child’s erect penis, by ordering the child to masturbate in the presence of others, would unlawfully invade the child’s right of privacy under the Fourth Amendment. We therefore remand Sims’ Section 1983 claim alleging a Fourth Amendment violation to the district court for further proceedings.Note: Detective Abbott killed himself when police came to arrest him for molesting boys on the hockey team he coached.Manassas Det. Dave Abbott Ends His Life
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