Mistakes in the Florida "Sex on the Beach" Case

In July, 2014, a 40 year old man and a 20 year old woman were filmed having sex on the beach.  They were subsequently arrested, and in July, 2015, the male was sentenced to 2 and a half years in prison. (The female was previously sentenced to time served.)  Both will have to register as Sex Offenders.  Reactions to this sentence have been mixed, with most people commenting that the punishment seems excessive.   What could the individuals have done differently, and perhaps have avoided such a harsh sentence?

This incident occurred on one of the Florida Gulf Coast Barrier Islands.  This Island in particular has 7 miles of Gulf Coast beach.  Although all beaches in Florida are "public", those designated as "Public Beaches" have parking lots, concessions, bathrooms, and playgrounds.  Coquina Beach, where this incident occurred, had recently been named one of the top "family friendly beaches" in the US.  Rather than setting up on a portion of beach FAR from the playground and concessions, this couple chose to set up next to families with beach tents, convenient to the playground.  Had they picked a more secluded area of the beach, they might have gone unnoticed.

This couple's 2nd mistake was continuing to engage in adult activities for an entire day, even after being asked to stop.  Witnesses reported that when the amorous activity first began around 11 am, they removed the children from the beach, coming back about an hour later.  When they returned, the couple started engaging in sexual behavior again.  It was not until late afternoon that the grandmother had had enough and called the police.  The police took their time arriving and had to be pointed to where the couple lay.  The couple had plenty of time to finish and move away before the police arrived.

But most likely, it was the couple's attitude that resulted in the harsh penalties.  Rather than acting contrite or remorseful, the couple became indignant, even when approached by a police officer.  In fact, throughout the day, rather than being apologetic, they acted threateningly to bystanders who dared to question their activities.  The arresting officer reported that once the suspects had been secured, over a dozen bystanders approached to give him information, and 6 actually completed affidavits.

The male was not unknown to the system either.  He has 25 previous offenses listed in the county court database. the earliest being a criminal driving offense he received when he was only 16 years old.  His first felony conviction was for disobeying a police officer, received a mere 4 years later, an incident that occurred during a drug arrest.  After violating probation, he served time.  Other offenses include repeat domestic violence, felony cocaine trafficking, (for which he was still under supervision,) and a slew of driving offenses.  He was well aware of Florida's "Three Strikes" sentencing guidelines.  Yet he chose to give an under-aged woman alcohol and engage in a day-long public sex marathon, and to get angry when his illegal behavior was questioned.

He compounded his mistakes by refusing to negotiate with prosecutors.  Wary of the publicity, the prosecutors offered this man a deal: plead guilty, eat some crow, and we'll sentence you to 2.5 years.  Go to trial, and you're facing 15 years.  He continued to insist he'd done nothing wrong and sought as much publicity as possible for his crimes. The prosecutors withdrew the "three strikes" paperwork and requested exactly what they'd offered him in pre-trial case management conferences: 2.5 years, including credit for time served.  And he has the arrogance not only to appeal, but to claim indigence so that appeal will be on the taxpayers' dime.

So where did this man go wrong?  Had his attitude been different from the beginning, perhaps things would have worked out differently.  If you are actively committing a crime, you should not act indignant towards those who ask you to stop.  You should not escalate your behavior when bystanders politely point out you are engaging in lewd behavior in front of children, something that automatically increases the level of severity of charges.  When folks start threatening to call the police, that is the time to be apologetic and contrite, and also the time to vacate the area before the authorities actually arrive.  And when those authorities DO arrive, it is time to be polite and respectful; it is not the time to become argumentative.  This is especially true if you have previous convictions for failure to obey authorities.  The police are much more likely to be lenient to a respectful, cooperative person.  And remember, the ruder you are to a bystander, the more likely that bystander will stick around to give a witness statement.

A good rule of thumb is that disrespecting police will only result in harsher charges.  Even if you are 100% sure you have done nothing wrong, be respectful in all communications with authorities.  Even if you choose to not say anything, be quiet in a respectful manner.  And especially stop arguing once you've been put in handcuffs.  At that point, it's best not to say much at all until you have consulted with an attorney.  But remember, invoke your rights with dignity and respect.  You have a much better chance of being treated respectfully in return.

Geofeedia: Using Social Media Against You

Geofeedia:

Using Social Media Against You

Every day, we seem to read about another person busted for their Facebook activity.  Ever wonder how the police find these posts?  There is a new tool in town that many police forces are using monitor social media.  Called Geofeedia, the tool bills itself as a “location based social media platform.” 

Their website boasts “Every day, social media users are posting important content from your locations without using the “right” keywords or hashtags. Unlike traditional social listening tools, Geofeedia runs social media search by location first — rather than by specific words (such as keywords or hashtags). The result? Geofeedia’s data set contains the hidden 70%+ of social data coming from locations, compared to traditional tools that only rely on certain words to create their data sets.”

Geofeedia is actively marketing to local police forces: “Discover, engage, and analyze social media data to prevent crime, track suspects, and investigate evolving situations in real-time”. Their website goes on to say: “GET ACTIONABLE INTEL. See what’s happening in real time and search historical data in critical locations to better understand, react to, and prevent issues.”

The tool allows local police to track ALL social media posts from a given location range.  Geofeedia has recently been raising capital for expansion. They are actively marketing their software to police departments, citing the successful use in California, Florida, New Jersey, Michigan, and Illinois.  They even offer a mobile app to make it easier to monitor people “on the go.”

Geofeedia allows the police to pull up a map and draw a circle on it. The tool then monitors ALL social media posts being made from within that circle.  The tool indexes ALL posts, photos, and videos, regardless of keywords and hash tags.  It allows police to monitor and track activity and/or individuals. They can set up alerts for keywords, users, or subjects.  They can also obtain contact information for the individuals posting.

This means that the Police can draw a circle around ANY local event and then monitor that event for posts or photos that may mention “illegal activity.”  This activity can include such things as “Managed to sneak a flask into this no alcohol allowed event,” or “Should have stopped drinking an hour ago. Now I have to drive home.”  They then can intercept the posters to arrest them for the activity mentioned in their posts.  They can also use Geofeedia to scan for potential witnesses to the activity.  They can contact that witness on the scene, or use Geofeedia's tools to obtain the contact information of that witness at a later time.

The Ocean County Police Department currently uses the tool to actively scan for cyberbullying.  The Manatee County Police Department searches for photos that include “gang signs” or possible illegal weapons.   The Los Angeles County Sheriff’s Office uses it to monitor for possible gang activity and fights.  Of course, these are just the uses the police advertise.  There are many other ways the tool can be used to monitor individuals, groups, and activities.  Big Brother has arrived.

If you are a Facebook, Instagram, Twitter, or Vine user, the police may already be monitoring your posts.  Post that photo of your Marley Blunt, and the police may be ringing your bell before you've even finished smoking it.

And unfortunately for the Social Media User, this evidence is admissible in court.  The Courts have already ruled that social media may be used against an individual without violating his constitutional rights.  There is no legal expectation for privacy on a public platform.

Like with any technology product, when one becomes successful, copy cats begin to arise.  This means we can expect competitors to start cropping up, competitors who may develop more robust tools than the one Geofeedia already has.

In the past, the courts have demanded Social Media passwords once a single admissible post has been discovered.  That means they can subpoena your entire Facebook history from Facebook itself, including posts you have since deleted. 

Do NOT allow your own posts to be used against you.  Be aware that Geofeedia is adding new police departments to its customer roster on a daily basis.  And if you find such a tool being used against you, either as a participant or as a potential witness, be sure to protect yourself by contacting an attorney IMMEDIATELY.