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Police Officers Set Up Facebook Account to Catch Underage Drinkers

December 8, 2009, 3:00 pm

This fall, 20-year-old Tyrell Luebker made two mistakes on Facebook. He posted pictures of himself drinking beer with his friends in an album titled “Not Sober Fest.” And he confirmed a friend request from an attractive young lady named Jenny Anderson. He assumed he had met her at a party.

In November, Mr. Luebker, a sophomore at the University of Wisconsin at La Crosse, found himself in an interview room in the city’s police department, staring at printouts of the pictures he had posted and answering a police officer’s questions about his underage drinking.

According to students ticketed for violating underage-drinking laws in this college town, local police officers posed as a young woman and friended students they suspected were not old enough to celebrate Oktoberfest, a popular event here. At least seven other students were also shown pictures that had been posted on Facebook and questioned about their behavior.

Many Facebook users make their personal information, including photos of them, available only to people on the site who are classified as friends. But the police officers foiled Mr. Luebker’s privacy attempts, as well as those of other students who were not even friends with Ms. Anderson on Facebook.

Nineteen-year-old Cassie Stenholt was tagged, or identified, in two pictures in which she held a can of Bud Light. The friend who posted the pictures was friends with Jenny Anderson, though Ms. Stenholt says she wasn’t.

Ms. Stenholt received a cryptic e-mail message on a Sunday afternoon in mid-October from Alan Iverson, a police officer. The message simply asked her to call him. When she called, Mr. Iverson told Ms. Stenholt that she should come down to the police station, and that she wasn’t in any trouble.

When she came to the office, Mr. Iverson showed Ms. Stenholt two pictures of herself with a beer can to the side of her mouth and asked her if she was in the pictures. Ms. Stenholt said she was and asked how he knew she was going to drink from the can. “You can just tell you’re drinking,” she said he responded.

When Ms. Stenholt asked how he got the pictures, she said the officer told her someone had sent them to him and asked if she had made any enemies during Oktoberfest.

Mr. Luebker faced similar questioning, and both said they now regretted even responding to the officer’s request to meet. Both had friends who were also drinking in Facebook pictures, but who didn’t talk to the officer and were never ticketed.

When Mr. Luebker and two of his friends were contacted, they said, they were worried what would happen if they didn’t talk to the officer. “We were scared, like, Oh crap,” he said. “I wish I would have said, No, it’s a stupid idea. That’s what you’ve been taught, since ever. Do what the authority tells you to do.”

Mr. Luebker, who has 859 friends on the site, said he didn’t think twice before accepting the request from Jenny Anderson (whom he called “definitely not ugly”). His suspicions were raised only after a friend mentioned that her profile looked odd. There were no tagged pictures of her, and students who accepted her friend request would write on her wall, asking her how they knew her. Most of her friends were freshmen and sophomores, who wouldn’t be old enough to legally drink, and she had no friends at any other colleges. Later that month, her account disappeared.

Mr. Iverson declined to comment. In an interview with the La Crosse Tribune, he said, “Law enforcement has to evolve with technology. … It is a necessity.”

Ms. Stenholt said she was lying low since going to court and paying the fine, saying she stays home in the evenings and does coursework. An e-mailed reprimand from university administrators about the incident has put her on edge. Mr. Luebker says that the episode hasn’t changed his drinking habits and that he sees its bright side.

“It’s definitely improved our rep on campus. So many more people know us. They’re like, aren’t you the guys who. … And we’re like, yeah, we got underaged on Facebook.”

 

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18 Responses to Police Officers Set Up Facebook Account to Catch Underage Drinkers

stevefoerster - December 8, 2009 at 4:42 pm

All I can do in response to this is remember that the rest of the world laughs at our ridiculous drinking age. You have to sign up for Selective Service by 18, you have to pay taxes even before that, you can join the Marines and die for your country at 18, but you can’t drink beer? It’s no wonder young adults don’t respect this hypocritical law!

texasmusic - December 8, 2009 at 4:43 pm

I’m pretty sure any halfway decent lawyer could make a proper defense. Photos do not give the whole story. They do not show what is actually IN the can. They are not proof the subject is actually drinking. No way would I pay that fine. Then again, no way would I post photos like that on my Facebook page…if I even had one. And this is one more reason why I don’t.

koshkamat - December 8, 2009 at 4:57 pm

This is the CREEPIEST, most Orwellian thing I have ever read. That is the most important thing the cops have to worry about? What a waste of taxpayer money! I TOTALLY agree with the other comment; Our drinking age is completely nonsensical. SO you can be charged as an adult for underage drinking…then get shipped off to Afghanistan where you are expected to make split-second, life-or-death decisions.

bsawhill - December 8, 2009 at 5:01 pm

Someone needs to check the EULA for Facebook. I’m pretty sure that trolling the site for purposes other than communicating within a social space is a violation of the terms underwhich the police established their (fake) account.

allens - December 8, 2009 at 5:09 pm

With regard to ages, even more unjust is what happened to the son of a friend of my spouse – looking for “child” pornography (of teenagers) on Facebook/Myspace/whatever, then charging someone who was _under 18_ at the time with distributing child pornography, _as an adult_, when the law is that anything sexual showing someone under 18 is child pornography! Again similar is the Amy Fisher/Joey Buttafuoco (sp?) case, in which she was charged _as an adult_ with murder while he was charged with _statutory_ rape for consensual sex with her. Either she’s competent to decide whether to have sex or not, or she’s not competent to be charged with murder as an adult. Complete inconsistency.

allens - December 8, 2009 at 5:12 pm

I also have to say that the charges shouldn’t stand up due to Fifth Amendment rights, probable Miranda warning, etc. I’m betting the cops and school administration were working together on this – the school administration probably would have come down harder on the students if they’d challenged the legal basis of this nonsense. The University of Wisconsin at La Crosse (I hope this isn’t a school-wide policy!) needs to be forced to itself only use more verifiable evidence for its actions – it’s a public university, after all, and thus an agency of government.

tarique_h - December 8, 2009 at 5:57 pm

Watch out! The cops are reading your posts.

bmljenny - December 8, 2009 at 5:58 pm

Wow. When did “You can just tell” become evidence?

citrita - December 9, 2009 at 8:27 am

I believe Facebook’s terms of use require that you provide truthful information regarding your identity. If that is indeed the case, there was a definite violation of EULA unless arrangements were made with Facebook in advance.

schoolofcommprof - December 9, 2009 at 8:59 am

bsawhill is correct – the police are violating Facebook’s terms of service (http://www.facebook.com/terms.php) and technically given that they’re assuming a false identity for the purposes of tricking people into giving them information – I would think that constitutes “phishing” which is illegal.

danalane - December 9, 2009 at 9:27 am

I would tell them to prove i was drinking alcohol. Maybe I poured water in an empty beer can and wanted to look cool. Show me the evidence!

swish - December 9, 2009 at 11:28 am

We have “good touch bad touch” and “stranger danger” and sex education (the abstintence kind or other) training to protect kids and keep them from ruining their lives …. we should probably also teach them about their rights with the police, and how to protect themselves from despicable ploys like this.But then, our schools practice their own kinds of entrapment and punishment, such as encouraging kids to trust their teachers and talk or write about their feelings and then ratting them out, suspending them, or even getting them involved with the mental health system if they do. Kids should be used to this kind of treatment by the time they get to college.

laoshi - December 9, 2009 at 11:28 am

Stupid kid ought to have alleged photoshopping and pled the fifth. But more important is not to weasel out of it, but to realize the naivete with which we treat our private lives using Web 2.0; live and learn kid!

cwinton - December 9, 2009 at 12:34 pm

Wow … talk about abuse of authority. At least as reported, the duplicity exhibited by the police regarding Ms. Stenholt should be causing some in city hall to cringe. They clearly took advantage of her naivety. The message they have engendered is don’t trust people in authority, especially the police. Isn’t that just what we want?

hdhale - December 9, 2009 at 12:51 pm

Good to know that La Crosse, WI has absolutely no unsolved felonies that could use extra personnel hours in order to solve them… *eye roll*This is nothing more or less but cherry-picking college students for revenue by slapping them with minor misdemeanors, something that is as old as small to medium-sized college towns (La Crosse, population about 52,000) and the colleges that are located in them. I’m certain that the La Crosse Police Department would characterize it as a “public safety issue” or a “we are simply enforcing the law” issue, but that would be PR spin.The students have little recourse except to organize and send a letter to the mayor and the local press announcing a boycott of local merchants in protest if the La Crosse “OMG! BEER!!!” Facebook Vice Squad isn’t disbanded. Somehow though I think they’ll probably just Photoshop the beer cans in their Facebook photos. Bottom line: the kids just learned to evade better, not reconsider their drinking…nice job.

cmendis - December 9, 2009 at 6:15 pm

Both parties at fault here.Police for completely disregarding all civil and privacy laws which also exist on the web btw. I hope they get sued and keep these local cops in check who are thinking that they are playing cyber detective like they see on T.V shows and movies by conducting such gross violations.And for the kids who just like to see their friend list count go up to outdo the others. It easy, Facebook > login > Settings > Privacy Settings.

timebandit - December 9, 2009 at 6:45 pm

OMG. If I were a taxpayer in that town, I’d be voting to decrease spending on the police dept as apparently they have too much time vs. work to do….

schoolofcommprof - December 11, 2009 at 9:36 am

swish – My high school did have a class like that – it was called “Street Law.” To this date it remains one of the best classes I’ve taken in my life; it covered individual liberties, students had to interview people in government, we were taught how the courts work (both civil and criminal) and at the end of the semester there was a mock trial.