Re: High Court Oks illegal search based on computer error

2009-01-16 Thread denstar
On Fri, Jan 16, 2009 at 8:18 AM, G Money wrote: > Nothing...the statute is not a crock, it's the enforcement. How can you > prove or disprove probable cause? This is a frightening concept. We tell by using definitions of/for things -- and the definitions have gotten entirely too fuzzy for comfort

Re: High Court Oks illegal search based on computer error

2009-01-16 Thread Judah McAuley
That one is absurdly easy. You rescue the kid which is, after all, the most important part of this whole thing. The kids parents report the kid missing. You investigate based off of the missing childrens report and are able to create a chain of custody that to find evidence that does not include th

Re: High Court Oks illegal search based on computer error

2009-01-16 Thread Ian Skinner
G Money wrote: > > Nice options, heh. Then what are your options? I felt I left that open with choice C. ~| Adobe® ColdFusion® 8 software 8 is the most important and dramatic release to date Get the Free Trial http://ad.double

Re: High Court Oks illegal search based on computer error

2009-01-16 Thread G Money
On Fri, Jan 16, 2009 at 9:27 AM, Ian Skinner wrote: > A) There is nothing anybody can do, just let it go and let law > enforcement do whatever they want. Just as long as most of the people > they get are guilty of something. > > B) Always strive for the ideal and point out whenever law enforceme

Re: High Court Oks illegal search based on computer error

2009-01-16 Thread Ian Skinner
G Money wrote: > Nothing...the statute is not a crock, it's the enforcement. How can you > prove or disprove probable cause? If the statute is valid, then what is your position on how we should deal with this? A) There is nothing anybody can do, just let it go and let law enforcement do whateve

Re: High Court Oks illegal search based on computer error

2009-01-16 Thread G Money
Nothing...the statute is not a crock, it's the enforcement. How can you prove or disprove probable cause? I got pulled over because the cop said I started from a stopped position at a red light before the light actually turned green. That was his probable cause. How could I fight that even if I w

Re: High Court Oks illegal search based on computer error

2009-01-16 Thread Ian Skinner
G Money wrote: > Probable cause is pretty much a crock anywaycop can say just about > anything he wants. So what do you think should or should not be done with the Fourth Amendment to the Constitution? /*"The right of the people to be secure in their persons, houses, papers, and effects, ag

Re: High Court Oks illegal search based on computer error

2009-01-16 Thread G Money
On Fri, Jan 16, 2009 at 8:50 AM, Ian Skinner wrote: > Until that victim is interviewed and a legal search can be done of the > guys possessions, yes. How are you going to interview the victim? Since your search was illegal in your eyes, you have to let him go without prejudice. You can't follow

Re: High Court Oks illegal search based on computer error

2009-01-16 Thread Ian Skinner
G Money wrote: > Hmmmcop finds thousands of pictures of kiddie porn and a 6 year old kid > bound and gagged in the trunk. > > oopssearch was illegal...let the guy go with your apologies. > Until that victim is interviewed and a legal search can be done of the guys possessions, yes. > Y

Re: High Court Oks illegal search based on computer error

2009-01-16 Thread G Money
On Thu, Jan 15, 2009 at 5:03 PM, Judah McAuley wrote: > I honestly don't care what the guy was busted for. Hmmmcop finds thousands of pictures of kiddie porn and a 6 year old kid bound and gagged in the trunk. oopssearch was illegal...let the guy go with your apologies. You sure you d

Re: High Court Oks illegal search based on computer error

2009-01-15 Thread Judah McAuley
I really don't care about the gun that was found. I really don't care what crime he was convicted of. The officer only had probable cause because of a false warrant out for the drivers arrest. The probable cause was not real and so anything found in the search is a moot point. Period. End of story.

Re: High Court Oks illegal search based on computer error

2009-01-15 Thread C. Hatton Humphrey
No, but police can search a vehicle based on probable cause. I've had my car searched because it matched the profile for a group that was trafficking drugs (red '92 sunbird ... this was in '98) in North Texas. Also, you failed to mention the gun that the officer found as well. > Sadly that doesn

Re: High Court Oks illegal search based on computer error

2009-01-15 Thread Judah McAuley
rom: Judah McAuley [mailto:ju...@wiredotter.com] > Sent: Thursday, January 15, 2009 6:04 PM > To: cf-community > Subject: Re: High Court Oks illegal search based on computer error > > I honestly don't care what the guy was busted for. If the search was > based on anything illegal o

RE: High Court Oks illegal search based on computer error

2009-01-15 Thread Michael Grant [Modus IS]
What if the guy with meth in his car was driving to a meeting of people starting a police state? -Original Message- From: Judah McAuley [mailto:ju...@wiredotter.com] Sent: Thursday, January 15, 2009 6:04 PM To: cf-community Subject: Re: High Court Oks illegal search based on computer

Re: High Court Oks illegal search based on computer error

2009-01-15 Thread Judah McAuley
I honestly don't care what the guy was busted for. If the search was based on anything illegal or bogus then evidence is excluded. Period. I don't care what the crime is. Does it mean that some guilty people will get off on a technicality? Yes it does. And I'm ok with that. I fear a police state fa

Re: High Court Oks illegal search based on computer error

2009-01-15 Thread Jerry Johnson
Crap like the guy driving around with meth? I agree. On Thu, Jan 15, 2009 at 5:48 PM, Judah McAuley wrote: > http://blog.wired.com/27bstroke6/2009/01/us-high-court-o.html > > Cop pulls a guy over, central says to cop "hey guy has an outstanding > warrant". Cop searches the car based on that and