Mugshots.com, bustedkeywest.com, floridaarrests.org, and others Illegally obtaining my mugshot from Florida Department of Law Enforcement and distributing without authorization Internet
While I understand about the broad Florida Sunshine Laws and freedom of speech and such I am still perplexed especially after speaking to FDLE yesterday. That would be the Florida Department of Law Enforcement who told me that there are many lawsuits because these sites are illegally obtaining the mugshots. They are the property of the state of Florida and are not "sold or distributed" to sites such as mugshots.com. So, they are copying the info from the FDLE without permission and redistributing to be able to charge for the removal..... Nice. Where I come from that is called theft and extortion, and at the very least is a complete misuse of public records. Since these companies are mostly out of state and obtaining the information over the internet I am told that it bumps it up a notch to being a federal theft case for internet fraud. I am ready to join a class action lawsuit against these thugs. They don't only distribute these photos but provide a forum for people to comment and make fun of you. They also allow for the public to tag you as "beat up, tatted up, celebrity, and transgendered". I consider this slander as it has affected my present and future in a negative way.
I was arrested in August of 2008 on bogus charges of assault after I turned in my doctor for drugging me and rape, and had been assaulted by his wife and office staff twice prior to turning him in to keep me quiet. The police urged for me to seek a restraining order which I did. Immediately after court his office staff went to the state attorney general office and filed charges against me which were meant as payback. The charges were dropped as Nolle Pros in April of 2009 as all of the details came to light. Thank goodness for the Florida Department of Health who found the doctor guilty of two counts of malpractice against me. (He is no longer practicing in the state of Florida) In the meantime, I have had to deal with my mugshot being plastered all over the nation making me look like a violent person arrested for battery. Further, I was a national beauty queen and lost my title for two weeks and wasn't allowed to crown my successor over the mugshot. My child was assaulted at school over this and my husbands business suffered so much that we had to relocate. I want to sue them into oblivion.
3 Updates & Rebuttals
Justice
United States of AmericaSahar Sarid owner of mugshots.com 4400 NE. 26th Avenue, Lighthouse Point, FL 33064
#4Consumer Comment
Tue, October 02, 2012
Internet Crime Complaint Center (IC3)
http://www.ic3.gov/default.aspx
U.S. Department of Justice
Criminal Resource Manual 1663 Protection Of Public Records and Documents. The taking of a public record or document is prohibited by 18 U.S.C. 641.
DOJ. Retrieved from http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01663.htm
18 USC 641 Public money, property or records
Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof;
Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted
Mugshots.com steals government property. Mugshots.com knowingly converts government property to his use and the use of others. Mugshots.com sells government property without authority. Mugshots.com retains government property knowing they have been stolen.
18 USC 1584 - Sale into involuntary servitude
(a) Whoever knowingly and willfully holds to involuntary servitude or sells into any condition of involuntary servitude, any other person for any term, or brings within the United States any person so held, shall be fined under this title or imprisoned not more than 20 years, or both.
Mugshots.com Google AdSense ID: pub-361776255644449
18 USC 2320 - Trafficking in counterfeit goods or services
(a) Offenses. Whoever intentionally
(1) traffics in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services,
(2) traffics in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive, or
Counterfeit mark mugshots.com, domain name on photographs and counterfeit packaging website.
18 USC 2261A Stalking
(2) with the intent
(A) to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate, or cause substantial emotional distress to a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or
(i) that person;
Mugshots.com stalks, harasses, intimidates and causes substantial emotional distress.
18 USC 873 Blackmail
Whoever, under a threat of informing, or as a consideration for not informing, against any violation of any law of the United States, demands or receives any money or other valuable thing, shall be fined under this title or imprisoned not more than one year, or both.
Mugshots.com as consideration for not informing demands money.
unpublish 1 arrest including mugshot(s) - $399.00
unpublish 2 arrests including mugshots - $779.00
unpublish 3 arrests including mugshots - $1149.00
unpublish 4 arrests including mugshots - $1479.00
18 USC 1962 - Prohibited activities
(b) It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.
Mugshots.com forces collection of an unlawful debt.
Steven
Jacksonville,Florida,
U.S.A.
Check out this site
#4General Comment
Wed, August 15, 2012
Check out www.justicecoalition.org. This website publishes pictures of people arrested for prostitution as well as their potential clients. They can't get sued because they have a disclaimer on there somewhere that just because the picture is there it doesn't mean that you are/were guilty.
Have you ever noticed the disclaimer on "COPS" stating that the people they have on camera are innocent until proven guilty and that they may or may not have been found guilty in a court of law.
Same thing goes for the mugshots website... There is a disclaimer that just because the mugshot is there it doesn't mean that you were actually guilty of the charges merely that you were arrested.
Ken
Colorado,USA
I'm curious....
#4Consumer Comment
Wed, August 15, 2012
"They are the property of the state of Florida and are not "sold or distributed" to sites such as mugshots.com. So, they are copying the info from the FDLE without permission and redistributing..."
They are in the public domain and ANYONE can view them on the State of Florida site. No permission is needed to use them. While reprehensible, I don't see they're breaking any current laws.
"Since these companies are mostly out of state and obtaining the information over the internet I am told that it bumps it up a notch to being a federal theft case for internet fraud.."
Who, exactly, told you this?
"I consider this slander..."
What is important here, is what does the LAW have to say on this? If you plan to sue, perhaps it's time to get some GOOD legal advice. I suspect part of this is a gray area in law.
I sincerely hope your life improves soon. This is, indeed, a calculating group of people publishing these photos and names.