Sadly, we all know what “twerking” is.
We have Miley Cyrus to thank for this…
Some folks like it…
Some not so much…
But apparently none like it LESS than New South Wales, Australia Police Senior Constable Daniel Moss who took it upon himself to “investigate” a Facebook user known as “Rhys Brown” who had posted what purported to be a series of digitally altered photographs of Miley Cyrus twerking in front of a NSW police officer in Sydney (one of the pictures appears below). After four (4) months (yes… four (4) months) of monitoring the private Facebook page by posing as another user Moss was able to identify a man named Rhys Liam Halvey as the account holder who was known as “Rhys Brown”. Moss identified “several offensive posts”, including one with an image that said: “Here’s my $25,000 for your $101 fine”, with photos of NSW police officers which were taken on a Sydney street. Moss located and charged Rhys Liam Halvey with three (3) counts of “using a carriage service to offend police” and three (3) counts of “publishing an indecent article”.
Mr Halvey denied any involvement with either being Rhys Brown or uploading the “derogatory posts” on social media and all six (6) charges were withdrawn and dismissed after Sydney Magistrate Roger Brown slammed Constable Moss’ “investigation” as a “criminal offense by committing an unauthorized access” into a private Facebook account without a warrant. During a hearing the following exchange reportedly occurred between Magistrate Brown and Constable Moss:
Magistrate: “You use the term ‘monitored’ the Facebook account of Rhys Brown … you went into that account frequently?”
Constable: “Yes, I did.”
Magistrate: “So, you didn’t obtain a Supreme Court warrant … you didn’t obtain any judicial authorization to invade the privacy of Rhys Brown’s Facebook, did you?”
Constable: “No.”
Thus, the case was dismissed and $14,429.00 in costs were reportedly ordered to be paid by the police.
Memo to New South Wales, Australia Police Senior Constable Daniel Moss:
https://www.youtube.com/c/michaelhaberlaw / http://habercriminallaw.blogspot.com