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To: poet
See, you proved my point.

I never said I was in favor of child pornography, child explotation or child molestation.

What I said is that allowing law enforcement to require photo mart clerks to notify them of suspected child pornography is not only unconstitutional it is stupid. Don'tcha think the true sickos are developing their own film?

I say the practice is unconstitutional based upon the long standing rule that if Law Enforcement directs a private individual to take an action that individual is considered LE for the purposes of a constitutional analysis. In this case, directing the clerk to seize pictures is an end run around the 4th Amendment; law enforcement could not seize (or even look at) any pictures without a search warrant.

In the specific case, individuals (with no prior crimal records) were being charged with child pornography for taking pictures of their children/grandchildren who were in a bathtub based on these clerks turning over the pictures to the police.

You don't have a problem with that?

475 posted on 09/25/2001 7:56:42 AM PDT by Abundy
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To: Abundy
In the case you stated, if true,I retract my comment. I misunderstood and I apologize. I thought you were saying that there should be no laws this subject
Another "senior moment" on my part.
Society MUST protect its children. To this day, I cannot figure how the pedophile orgs haven't been busted. Must have some VIPs in their membership.
480 posted on 09/25/2001 6:36:38 PM PDT by poet
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