On 04/26/2011 11:31 AM, Daniel C. wrote:
> On Tue, Apr 26, 2011 at 8:16 PM, Daniel C.<dcrooks...@gmail.com>  wrote:
>> Point being, I question whether SWAT raids for...
> I apologize if this was sent twice.  'Net connection here is spotty,
> and I think my neighbor is stealing all the bandwidth to download
> kiddie porn.
>
> On Tue, Apr 26, 2011 at 8:10 PM, Stuart Jansen<sjan...@buscaluz.org>  wrote:
>> I know several gun nuts.<snip>
>>
>> I don't know if they're NRA members<snip>
>>
>> PTSD is not a synonym for violent.<snip>
> Agreed.  My point was more that one could imagine a situation where
> deadly force (which is what SWAT presence represents) may be
> reasonable, but because we can imagine it doesn't mean that most (or
> even any) cases fall into that category.
>
> As for drive read/write rates and data recoverability - this doesn't
> seem relevant to whether or not using a SWAT team is justified.  SWAT
> teams represent the intention of the police to apply deadly force, and
> should not be used unless they're expecting to face potentially
> life-threatening opposition.  Being worried that someone might throw a
> punch or run and shred a hard drive is not enough (or at least should
> not be enough) to justify sending a team of heavily armed and armored
> men into a person's home.  If speed is a requirement, okay, fine - but
> speed and deadly force are two different things and should be applied
> separately when appropriate.
>
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Data loss is only an issue if the investigation is compromised. In this 
case, the perp did not appear to be aware that LEO was on to him, and no 
report was made of attempts to destroy the data.

I wonder how long it will before before the RIAA dispatches SWAT to 
seize computers accused of pirating music. There was one high profile 
case I remember along the same lines where the defendant swears the 
downloaded music was done via unauthorized access to their wireless 
network. I'll have to go back and see if I can find the reference.

--Henry

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