http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/ Switched Comments for http://www.switched.com/media/feedlogo.gif http://www.switched.com en-us Copyright 2012 Weblogs, Inc. The contents of this feed are available for non-commercial use only. Blogsmith http://www.blogsmith.com/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/
No one wants to let a Child Pornographer go, but we are loosing the freedoms that we all took for granted.
]]>Mar 17th 2008 4:59PMhttp://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/Mar 17th 2008 6:33PMhttp://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/Mar 17th 2008 7:19PMhttp://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/Mar 17th 2008 7:34PMhttp://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/Mar 17th 2008 7:35PMhttp://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/Mar 17th 2008 7:46PMhttp://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/(1). It is NOT illegal to have Child Pornography and therefore the Janitor IS protected by 1st Amendment Rights under Free Speech/Free Press.
(2). Although I do NOT condone anyone possessing Child Porn "having" the pictures on his computer does NOT make him a criminal. Sick? Absolutley! BUT...he's ONLY GUILTY IF he "acts out" on any girls...he's within his right to HAVE the pictures.
(3). The PC Tech. has no police authority to enforce such actions. The Computer Store can be sued for invasion of privacy and violations of 1st amendment rights under freedom of press AND damages causing false arrest.
(4). Sorry Law Enforcement...you lose on this one also.
(5). Unless the Customer signed a Waiver clearly stating he could be prosecuted if there was any CHILD PORN on his computer THEN he would be legally charged with the crime of possession of these photos. The PC Tech's job was to transfer the files....not "inspect" or "play police officer".
]]>Mar 17th 2008 8:22PMhttp://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/Mar 17th 2008 8:32PMhttp://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/constitutional rights and the enforcement of the letter of the law. This is not the first time that a conflict between those two beliefs has put me at odds with myself.
However, Mr. O'brien is mistaken as to the issue of privacy as it pertains to this case. He states, "We'd expect some semblance of privacy when having our PCs serviced." Really? Why? Mr. O'Brien might expect privacy under these circumstances but he would be disappointed.
First of all, let's take a look at the
"expectation of privacy" under these specific
circumstances. The perv certainly knew that his sicko collection was on the computer and still HE went ahead and sent in his computer all by himself. It was not hacked into or siezed by law enforcement officials from his car, residence or other location protected by the Sixth Amendment which protects us from, among other things, "unreasonable search and seizure". By sending the computer in with the understanding that there would be at least one, if not more, person working on it, the scumbag freak thus explicitly and implicitly gave up ANY expectation of privacy if he had had one.
Secondly, Mr. O'brien states that, " ... we are [--] concerned and curious about the warrantless search and seizure performed." No warrant was necessary and for several reasons. This was not a "warrantless search and seizure", the incriminating evidence was not discovered by police but found by a pimply-faced, social shut-in, who's mother still picks out his clothes and who was attempting to fix the computer. Any "reasonable person" would conclude that in order to fix the computer the technician(s) would, of necessity, have to view some or all of the data on it in order to diagnose the problem as to why it didn't operate properly and then, presumably, go on to repair the damage found.
The third reason why a warrant wasn't and isn't necessary under these circumstances is that neither the computer repair business, its owners, its management or its employees were acting in ANY way as agents of any law enforcement entity. Had the company and/or its people been part of a "sting operation" or "dragnet" to capture computer pervs then, yes, a warrant would probably have been necessary for them to even turn on the suspect computer. Under this most recently described set of circumstances, absent a warrant, any and all evidence seized from freak-o boys' computer would be "fruit of the poisonous tree" and inadmissable.
However, that is NOT the set of circumstances that led to the identification and (hopeful) capture of this, particular, sicko-freak, sleazoid. In THIS CASE, no warrant was EVER necessary especially since no law enforcement group was involved with or, indeed, even aware of the initial discovery and gathering of the evidence in question. In fact, law enforcement officials knew nothing of Mr. Robert Zueldorf, aka pervo scum, until the geeks, nerds et al gave up the evidence.
Finally, as Mr. O'Brien states, "It's still up to law enforcement officials to go through all the necessary, legal procedures when going after baddies." which they properly did as soon as they were apprised that the evidence and the associated crimes existed.
I am all for holding law enforcement and its attendant agencies to the highest possible standard at all times when they are performing their duties. However, I do not want to see perpetrators go free while law enforcement officials are paralized by red tape and endless minutia, forced to play constitutional word games and constantly second guess themselves in vain attempts to protect themselves from false allegations, law suits and witch hunts that ultimately ruin careers and lives but yield no hint of wrong-doing on the part of the officer(s)in question.
I do not want to see law enforcement officers spend most of their time covering their asses (as opposed to actually going out to "protect and serve") as stated above in order to avoid offending the politically correct sensibilities of middle and upper class liberals with guilty consciences who burn with need to be seen as in touch, relevant and "street" as they are photographed with Michael Moore, Spike, the Al's Gore and Sharpton, Denzel, Bono and Brad and Angelina.

]]>Mar 18th 2008 5:31AMhttp://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/Mar 17th 2008 8:54PMhttp://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/Did this tech and the customer have previous dealings with one another. Was the tech pissed off at the customer.
Did the tech actually accidentally come across the porn or did he maybe help it get there?
Lots of questions to ask.

On the other hand, customer could simply be a pervert. There are, after all, millions of them in the USA from pervs who live in the gutter world all the way up to top national leaders, corporate leaders, Church leaders ect...

In fact, IMO, there are more perverts in the USA than there are normal people or is it the case that some perversion is now considered normal? They say stretching a sphincter for intimate reasons is normal.
Have we redefined what normal is?

The real question is, is sphincter stretching a sport?]]>Mar 17th 2008 8:56PMhttp://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/Mar 18th 2008 12:12AMhttp://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/("If you're not breaking the law you don't have to worry about your freedom being taken.")

Really...? Drive through Dawsonville Ga. and office T. pulls you over for no reason, then see what happens to you....he will search your car and your own person...of course he will ask you first for 'permission'..... ]]>Mar 17th 2008 9:46PMhttp://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/Mar 17th 2008 9:55PMhttp://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/Mar 17th 2008 10:48PMhttp://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/Mar 17th 2008 11:18PMhttp://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/Mar 17th 2008 11:49PMhttp://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/Mar 18th 2008 12:54AMhttp://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/Mar 18th 2008 1:05AMhttp://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/http://www.switched.com/2008/03/17/man-caught-with-child-porn-by-computer-repair-service/ As for the controversy, they of course need to report anything like this they see. Perhaps to avoid the possibility that porn could be loaded onto an innocent persons computer all work on the computers could be monitored by either supervisors or electronically.
]]>Mar 18th 2008 1:18AM