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The Cyber Crime Investigation Cell (CCIC) of the city crime branch on Saturday arrested a 32-year-old Dombivli resident for allegedly creating a fake e-mail ID of a bank official and setting up her fake profile on an explicit photograph website of models. The police traced him through the IP address, which was found to be of his residence.

According to the police, the 28-year-old victim lives with her family in Wadala (East). She has been working as a portfolio manager with a private bank in Bandra-Kurla Complex since January 2013.
 
A CCIC officer said, “In July 2012, through her colleagues, she found out that someone has been chatting with them and others claiming to be her through the e-mail ID. Since then, till March 2013, at least four people had sent messages to the victim on Facebook asking if she was the one who has been chatting with them from that e-mail.”
 
In April 2013,cellphone cases when the victim was surfing online, she was shocked to find her name connected to the link of a website that contained explicit photograph of models.
 
“On surfing the website, she found her profile on it. It also contained her Facebook photographs, her name and age. Her profile stated that she is into modelling and is looking for guidance on doing nude photography. The profile’s ‘About Me’ section contained two photographs. Her face was morphed on to semi-nude photographs of some other women,” the officer said.
 
The victim learnt that the fake profile was being used for chatting by an unknown person who created e-mail ID. She then approached the CCIC in July this year and lodged a complaint.
 
“The physical address of the IP address of the e-mail ID was traced to Karkhanis’s residence. He is known to the victim. He was then placed under arrest and booked under relevant sections of Indian Penal Code and Information Technology Act. We are investigating from where Karkhanis got photographs of the victim morphed,” the officer said.
 
“Through that e-mail ID, he had been chatting with unknown men and sharing her morphed obscene photographs. We have seized two computer hard disks, two dongles and one mobile phone from him and are investigating the case further.”

“That information is, by and large, of a highly personal nature: photographs, videos, written and audio messages (text, email and voicemail), contacts, calendar appointments, web search and browsing history, purchases and financial and medical records,” Judge Norman H. Stahl of the U.S. Court of Appeals for the 1st Circuit wrote recently. “It is the kind of information one would previously have stored in one’s home.”

Stahl wrote for the majority in a 2 to 1 decision that applied the Fourth Amendment to the search of a cellphone found on a man arrested for selling drugs. The amendment protects “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”

In most cases, a warrant is required. But the Supreme Court has said there are numerous exceptions to that general rule. In particular, in what courts refer to as “search incident to arrest,” a warrantless search is justified when officers are protecting themselves by looking for weapons or securing evidence that might be destroyed.

And justices in the past have been lenient about allowing searches of items found on a person who has been legally arrested.

But Stahl and fellow Judge Kermit V. Lipez disagreed with the government’s contention that a cellphone is “indistinguishable from other kinds of personal possessions, like a cigarette package, wallet, pager or address book, that fall within the search incident to arrest exception” approved by the Supreme Court.
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