It’s illegal for convicted felons to possess deadly weapons, including handguns.
Which means it isn’t a good idea for them to post photos onto Facebook that show off their Smith & Wessons, or accept friend requests without knowing the requester, given that undercover investigators are in the habit of friending suspects.
And no, a Delaware court has decided, a felon who got caught with incriminating evidence of the aforementioned Smith & Wesson has no expectation of Fourth Amendment protection against the “mistaken trust” he placed when accepting that friend request.
The convict in question is Terrance Everett. As of November 2015, he was on federal probation after being convicted of conspiracy to possess with intent to distribute more than 500 grams of cocaine.
His Facebook “friend” turned out to be Detective Bradley Landis of the New Castle County Police Department in Delaware. Landis had monitored Everett’s Facebook page a few times a week for at least two years, using a fake name and photos on his profile. According to the court decision, it’s unclear what information was available to Landis before he friended Everett, and what was available after the friending.
Either way, on 4 November 2015, Landis saw a photo on Everett’s page that had been posted at 5 am. It showed a nightstand with a number of things on top: a handgun, a Mercedes car key, a large amount of cash, a pay stub, two cell phones and a framed photograph of Everett wearing a black T-shirt and a red necklace.
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Remember: if you are going to be a criminal, think about what you’re doing… because while we can NOT lie to the police, they can (legally) lie to us.
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