http://p2pnet.net/story/10211

"It is with great pleasure that I introduce the following individual…I’m sure you recognize the face and name, as the newest member of the Bedford County Sheriff’s Office, Operation Blue Ridge Thunder," says Virginia's Bedford County Sheriff's Department.

"Deputy O’Neal is looking forward to being in Bedford this summer and working side-by-side with our BRT investigators and, in his words, “Putting these sexual predators that surf the Internet for their next victim in jail.” Deputy O’Neal will support our task force."

O'Neal is Miami Heat basketball star Shaquille O'Neal and as a deputy, he received a first-hand demonstration of the kind of appalling foul-ups that can result when someone uses IP addresses to identify people.

The members of the Big Four Organzied Music family, Warner Music, Sony BMG, EMI and Vivendi Universal, do it all the time, incorrrectly claiming their CP (consumer persecution) units such as the RIAA can reliably identify alleged file sharers through IP addresses.

And when the Bedford County sheriffs used an IP address as the basis for raiding the Nuckols family home looking for kiddie porn and associated Net and computer gear, O'Neal was there.

"I am a local farmer; my wife teaches elementary school; our three children are well-adjusted, A students," writes A.J. Nuckols in the Chatham Star Tribune. "We go to church, work hard, and pay our bills and taxes. We are law-abiding, responsible members of society; we have never had reason to fear the law."

Not until September 23, that is,because that was the date, "many police vehicles appeared in our driveway," says Nuckols.

"Pittsylvania County Sheriff's Department, Bedford County Sheriff's Department and Blue Ridge Thunder invaded our peaceful lives with military force based on one piece of wrong digital information."

In his letter to the Chatham Star Tribune, Nuckols writes:

Men in black with flak jackets ran to and around our house.

My wife was at home alone. I drove up and asked, "What's going on?"

Men ran at me, dropped into shooting position, double-handed semi-automatic pistols pointed at me, and made me put my hands against my truck.

I was held at gunpoint, searched, taunted, and led into the house. I had no idea what this was about. I was scared beyond description. I feared there had been a murder and I was a suspect.

My wife and I were interrogated about Internet crime. We are not avid computer users; we do not even e-mail. We knew nothing of what they were speaking.

After seemingly convincing them of our computer “illiteracy,” we were questioned about our children and made to doubt their innocence.

Our home was searched by a para-military search-and-seizure team.

Our computers, digital camera, disposable cameras, DVD's, and VHS tapes were seized.

We were held in our home under guard for five hours.

Our children came home and were also interrogated.

It was awful. We were ccused of horrible crimes, crimes that even the mention of would ruin our reputations.

The investigation was to be complete within six to nine months. We were in shock.

However, on October 2, the family's eqipment was returned and they were told their troubles were all down to the fact the police had the wrong IP address.

"No innocent United States citizen should be subjected to this based on so little evidence," says Nuckosl.

But why not? It happens all the time with the RIAA (Recording Industry Association of America) and other Big Four 'trade' outfits such as the IFPI and Britain's BPI and no one seems to have a problems with it.

It's, "Inexcusable," says Nuckols. "Civil rights laws have been established to protect the innocent. Our ancestors fought and died for these rights.

"The Fourth Amendment of the United States Constitution states: 'The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue but upon probable cause...'

"Invading our home with one bit of incorrect evidence was totally unreasonable.

"I support the police and their efforts, but I believe every United States citizen should fear and be angry about these tactics.

"I will not rest until I know what went wrong in this investigation. I pray that you will not either."

Meanwhile, although O'Neal apparently denies being in on the raid, the Associated Press quotes Bedford County Sheriff's Lt Michael Harmony as saying O'Neal was there.

And that's probably a good thing because otherwise, it's unlikely the case would have received the kind of publicity that it did."

high-handed authorities
that terrorize citizens
deserve to have the pants sued off them

Macacha idiocy strikes again, this is in our neck of the woods. No explanation what Shaq is doing up here. The newspaper quotes a Va. lawyer to the effect, "don't even think of suing, judges 'round here know the guv'ment makes mistakes in pursuiit of its job."

http://www.roanoke.com/news/roanoke/wb/88700Bad info blamed for botched porn raid
Bedford County authorities say an Internet provider gave them the wrong address.

By Reed Williams and Mike Allen
The Roanoke Times

Bedford County authorities blamed a communications provider Wednesday for a botched child pornography raid at which Shaquille O'Neal was present, but refused to answer any other questions about an incident that terrified the family of a Pittsylvania County farmer.

Investigators from Bedford and Pittsylvania counties searched the wrong house in Gretna on Sept. 23 because FairPoint Communications Inc. had given them the wrong address, said Maj. Ricky Gardner of the Bedford County Sheriff's Office.

Reading from a prepared statement at a news conference, Gardner said that the sheriff's office regretted and apologized for "any inconvenience caused by the inaccurate information provided to us by FairPoint."

Representatives of the Charlotte, N.C.-based telephone and Internet service provider did not return phone calls Wednesday seeking comment.

NBA star O'Neal, a Miami Heat center, is a Bedford County sheriff's deputy and a member of Operation Blue Ridge Thunder, the department's Internet Crimes Against Children task force. The raid was part of a Blue Ridge Thunder investigation.

Gardner said O'Neal was acting in an investigator's capacity during the raid, but he would not elaborate.

He also would not answer questions about what safeguards exist to prevent such mistakes in the future, or whether such a thing has happened before.

The investigation apparently began July 26, when Blue Ridge Thunder investigators received a download of child pornography images from someone's computer.

FairPoint mistakenly identified the computer subscriber to authorities as A.J. Nuckols of Gretna, according to Gardner.

Nuckols wrote in a letter to the Chatham Star-Tribune that he was held at gunpoint, searched and taunted before he and his wife and children were interrogated.

The "para-military search-and-seizure team" took his computers, cameras, DVDs and VHS tapes, the letter said. The items were returned nine days after the raid.

Nuckols filed formal complaints with both the Bedford and Pittsylvania county sheriff's offices.

Gardner said investigators later determined the search's correct target, another Pittsylvania resident. On Oct. 19, they recovered a computer containing images of child pornography and got a confession from a suspect. Gardner declined to discuss the case further.

Neighbors on White Fall Road near Gretna spoke highly of Nuckols and his family. Nuckols raises cattle, grows tobacco and gives away the excess from his crops of corn, pumpkin and cantaloupe.

"This guy's as straight as he can be," said Alfred Aliperti, who's known Nuckols for 13 years. "He takes care of his family. I've never seen a man work so hard in my life."

Nuckols' wife, Lisa, works as a fourth-grade teacher at Mount Airy Elementary School in Gretna, according to the school's Web site.

Nuckols did not return phone calls seeking comment Wednesday.

Although a mistaken police raid might cause public outrage, it would be difficult for the victim to collect any damages in a lawsuit, according to the head of the Virginia Bar Association's civil litigation section.

Under federal and state law, unless there's evidence of a deliberate violation of someone's rights, or a violation that came about because of extreme indifference or incompetence, "the law is not going to be too sympathetic to a remedy," said David Anthony, an attorney with the Richmond law firm Kaufman & Canoles. "The law does not expect a government to be mistake-free."

Miami Heat spokesman Tim Donovan said the team has no comment on the incident.

O'Neal has declined to comment, referring questions to the Bedford County Sheriff's Office, Donovan

re: "The newspaper quotes a Va. lawyer to the effect, "Don't even think of suing; judges 'round here know the guv'ment makes mistakes in pursuit of its job."
and: "The law does not expect a government to be mistake-free."

i just adore that type of reasonable rationale
using that argument, if the driver is prone to causing accidents, he/she shouldn't be held accountable for moving violations, thus doesn't need any insurance, either, right?

insofar as nearby unsympathetic judges are concerned, couldn't a plaintiff pursue to have the litigation moved for change of venue if there's probable cause for a predisposed adverse attitude of a presiding judge?

re: ". . . unless there's evidence of a deliberate violation of someone's rights, or a violation that came about because of extreme indifference or incompetence, "the law is not going to be too sympathetic to a remedy. . ."

victims should try hard, anyway,
and at least get publicity for how governmental authorities can screw up and cause distress if not other harm

in time maybe legislators can correct the obvious lack of recourse/justice in similar situtations
what we basically have is the law allowing the gov't a sort of blank check to run roughshod with impunity (over citizen's rights) without likely recourse
sort of how the b.a.t.f. terrorized randy weaver in idaho a few years back; anyone recall that kind of crap?

this stuff really pisses me off

get the picture? Kitty porn?

"victims should try hard, anyway,
and at least get publicity for how governmental authorities can screw up and cause distress if not other harm"

IMO the only way this guy has a real chance at suing these sons of bitches is he will have to get an OUT OF STATE attorney. Forget getting one in VA. If this guy doesn't understand why, (or if anyone doesn't for that matter, that's faced with anything like this in the future). I hope this these traitors are sued for millions and get fired and have their pensions forfeited for life, as well as blacklisted to never be able to be a part of any law enforcement, security, or investigate occupation public or private.

Attorneys and prosecutors in the same cities/townships/counties etc --they are all butt-buddies, after a trial they'll be down at a bar drinking together. Collusion to the nth degree.

These cockfucks who piss on the United States Constitution and Bill Of Rights (facilitated by you know what), would have been regarded as traitors to America by our Founding Fathers and would have been hunted down and shot to death.

prehaps _producing_ child pornography would require a SWAT team on standby (in case of child hostages, ect ect) but simple possession of child porn from a P2P shouldnt involve violence to seach and seize.
Adults who directly victimize children have their own hell awaiting them, but I wonder how the courts handle it when the "child" is a 17yr old making webcam videos of herself?

Its quite hard for those who sit at servers to get a long IP wrong along with whois data and everything else that's back traceable. Im not sure what the law is on requirements for a seach warrent based upon IP addys, but it should be rather stiff and somewhat hard to obtain. Verizon DSL and Charter Cablenet have the account's addy in the IP trace and whois; very easily indentifiable.

Once again, the lawmakers are quite lost when it comes to the New Technology.

you guys know that shaq is a stooge for the riaa right? (anyone remember a cheesy movie a few years back which starred shaq as a rapping genie who went out and broke up a music piracy ring?) this was a feather that they wanted badly. they really wanted to show that p2p was responsible for shild pron on the net as well as the riaa losing money. that's why he was involved.

I really feel for this poor man and his family.

you actually watched that movie?!?
lol

re: "I really feel for this poor man and his family."

no, i just feel sorry for the family only

the schmuck himself should have known that being at tool of a cartel carries risks

i still hope all authorities involved might get sued by a crafty out-of-state lawyer as suggested by TrueAudio

re: "at tool"

i meant "a tool"