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DUI Suspect Has Nude Photos Illegally Downloaded by Cop

Posted on in DUI

A DUI defendant is accusing an Eastbay California Highway Patrol Officer of stealing explicit and personal photos from her cell phone by emailing or texting them to his own phone. The Mercury News is reporting that Officer Sean Harrington is under investigation after a report that he transferred nude photos of a DUI detainee after accessing her cell phone while booking the woman into county jail.

Investigators indicate that six photos of the woman were found on the officer's phone, after having been sent directly from the woman's phone. The file transfer took place while the woman was in custody who could not have executed the exchange herself. The Mercury reports that Officer Harrington asked for the woman's password in order to access her phone.

Harrington and his partner stopped the woman, who has not been identified for privacy concerns, for a traffic violation. The officers smelled an odor of alcohol emanating from inside the vehicle and a DUI investigation ensued. According to the Mercury her blood alcohol equivalent was .29. Nevertheless, the Contra Costa County District Attorney has dismissed the DUI charge in response to the investigation into Officer Harrington's conduct.

Officer Harrington faces several felony violations including identity theft, illegal transmission of personal information and may face a civil lawsuit for violations of privacy. He has not been fired.

The Law Offices of Erik Steven Johnson protects people accused of crimes in the Bay Area including San Jose, Santa Clara, Cupertino, Palo Alto and Mountain View. For a free consultation call us at 408-246-3004. Know Your Rights!

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