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> A police officer in performance of his duties should have zero expectation of privacy, and has a legal obligation to fill out an accurate duty log, which is s

> A police officer in performance of his duties should have zero expectation of privacy, and has a legal obligation to fill out an accurate duty log, which is such that it may be used as evidence in court. However, in 35 states, and this blows my mind, an officer can have "consensual" sex with a detainee. Even if they are in handcuffs at the time. 35 states have decided that this is not improper from an "authority" perspective (leaving aside for now the whole "having sex while on duty"). There was a recent case where a minor who was in custody and handcuffed had sex with two officers in their patrol vehicle. The officers claimed it was consensual and the courts agreed. I do not believe they even faced disciplinary action. > Instead, police departments routinely refuse to release footage — even when officers kill. Because police and police departments and police unions know that even post-BLM, they will face little, usually zero, consequences for doing so, or for wasting taxpayer dollars fighting to defend their refusal.

jquery 3y ago
35 states allow for that? I would've assumed 0 states allow for it, because, well, come on. Might as well let officers consent to taking bags of money from detainees.
- greedo 3y ago
  Most states allow for "taking bags of money from detainees" under civil asset forfeiture.
  - naasking 3y ago
    That becomes state property though, I think the analogy in this case is that the cops take the money themselves.
- FireBeyond 3y ago
  "Thankfully", following on from the outrage following this (it was 2018), some states have criminalized it... though only six, now that I look into it. So the accurate number is now 29. Hell, it only became criminal for federal police 18 months ago! Source: https://www.buzzfeednews.com/article/albertsamaha/congress-close-police-consent-loophole-law https://www.buzzfeednews.com/article/albertsamaha/congress-c...
  - deleted 3y ago
    [deleted]
- digging 3y ago
  Not sure if you're being sarcastic, but it's called civil forfeiture.
  - jquery 3y ago
    Yeah, I dropped my /s
engineer_22 3y ago
These are shocking claims, please provide sources.
- FireBeyond 3y ago
  > In February 2018, BuzzFeed News reported that laws in 35 states allowed police officers to claim that a person in their custody consented to sex, and that of at least 158 law enforcement officers charged with sexual assault, sexual battery, or unlawful sexual contact with somebody under their control from 2006 to 2018, at least 26 were acquitted or had charges dropped based on the consent defense. Realize that being charged means that at some point, the person in custody objected enough that charges were filed by the DA/prosecutor. Source: https://www.buzzfeednews.com/article/albertsamaha/congress-close-police-consent-loophole-law https://www.buzzfeednews.com/article/albertsamaha/congress-c...
  - engineer_22 3y ago
    It seems the victim you referred to earlier wasn't a minor. The buzzfeed article also reports the woman's behavior before and after the assault did the prosecution no favors. It's notable the officers in question were dismissed. I do think it's a good idea to pass a law that sex with an officer while in custody cannot be consensual.
denton-scratch 3y ago
> The officers claimed it was consensual and the courts agreed. That's pretty nutty. I don't know the backstory, but even if it's "consensual" it's still statutory rape to have sex with a minor. > I do not believe they even faced disciplinary action. Not even that administrative process? How come the courts had anything to say about it, then? ...I guess that must have been the minor's court appearance, not the cops. Under the circumstances, I guess that minor might have been disinclined to give defence evidence that the arresting cops had raped her.
- FireBeyond 3y ago
  > I don't know the backstory, but even if it's "consensual" it's still statutory rape to have sex with a minor. I believe she was a minor but above the age of consent in that state. And yeah, there's the whole question of "why are cops having sex while on duty?" - that's inappropriate even if it's your spouse, let alone someone you're interacting with in an official capacity, let alone someone who is in custody and detained, let alone someone who is handcuffed at the time. There are so many separate levels of "what the actual f" here.

jquery 3y ago

35 states allow for that? I would've assumed 0 states allow for it, because, well, come on. Might as well let officers consent to taking bags of money from detainees.

greedo 3y ago
Most states allow for "taking bags of money from detainees" under civil asset forfeiture.
- naasking 3y ago
  That becomes state property though, I think the analogy in this case is that the cops take the money themselves.
FireBeyond 3y ago
"Thankfully", following on from the outrage following this (it was 2018), some states have criminalized it... though only six, now that I look into it. So the accurate number is now 29. Hell, it only became criminal for federal police 18 months ago! Source: https://www.buzzfeednews.com/article/albertsamaha/congress-close-police-consent-loophole-law https://www.buzzfeednews.com/article/albertsamaha/congress-c...
- deleted 3y ago
  [deleted]
digging 3y ago
Not sure if you're being sarcastic, but it's called civil forfeiture.
- jquery 3y ago
  Yeah, I dropped my /s

engineer_22 3y ago

These are shocking claims, please provide sources.

FireBeyond 3y ago
> In February 2018, BuzzFeed News reported that laws in 35 states allowed police officers to claim that a person in their custody consented to sex, and that of at least 158 law enforcement officers charged with sexual assault, sexual battery, or unlawful sexual contact with somebody under their control from 2006 to 2018, at least 26 were acquitted or had charges dropped based on the consent defense. Realize that being charged means that at some point, the person in custody objected enough that charges were filed by the DA/prosecutor. Source: https://www.buzzfeednews.com/article/albertsamaha/congress-close-police-consent-loophole-law https://www.buzzfeednews.com/article/albertsamaha/congress-c...
- engineer_22 3y ago
  It seems the victim you referred to earlier wasn't a minor. The buzzfeed article also reports the woman's behavior before and after the assault did the prosecution no favors. It's notable the officers in question were dismissed. I do think it's a good idea to pass a law that sex with an officer while in custody cannot be consensual.

denton-scratch 3y ago

> The officers claimed it was consensual and the courts agreed. That's pretty nutty. I don't know the backstory, but even if it's "consensual" it's still statutory rape to have sex with a minor. > I do not believe they even faced disciplinary action. Not even that administrative process? How come the courts had anything to say about it, then? ...I guess that must have been the minor's court appearance, not the cops. Under the circumstances, I guess that minor might have been disinclined to give defence evidence that the arresting cops had raped her.

FireBeyond 3y ago
> I don't know the backstory, but even if it's "consensual" it's still statutory rape to have sex with a minor. I believe she was a minor but above the age of consent in that state. And yeah, there's the whole question of "why are cops having sex while on duty?" - that's inappropriate even if it's your spouse, let alone someone you're interacting with in an official capacity, let alone someone who is in custody and detained, let alone someone who is handcuffed at the time. There are so many separate levels of "what the actual f" here.