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Old 04-03-2014, 09:49 PM
 
891 posts, read 967,590 times
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Here is an excerpt from a conversation I had a few days ago. I was wondering that if anything actually happened to the guy in question, and law enforcement start harassing me about it, they'd see this conversation and think's probable cause to gain a search warrant. Also, do you think a Jury could misinterpret the conversation and make into "evidence"

Me: He is a parasite. He only came here to financially benefit from others' work.
Friend: Do you think he'll become a problem?
Me: I don't know. People like having arms and being able to walk.
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Old 04-03-2014, 10:45 PM
 
5,413 posts, read 5,123,388 times
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Quote:
Originally Posted by Anonymous725 View Post
Here is an excerpt from a conversation I had a few days ago. I was wondering that if anything actually happened to the guy in question, and law enforcement start harassing me about it, they'd see this conversation and think's probable cause to gain a search warrant. Also, do you think a Jury could misinterpret the conversation and make into "evidence"

Me: He is a parasite. He only came here to financially benefit from others' work.
Friend: Do you think he'll become a problem?
Me: I don't know. People like having arms and being able to walk.
You made a threat....you take your chances. Next time, keep your mouth shut if you don't like someone and let their work (or lack thereof) be how people view them.
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Old 04-03-2014, 10:58 PM
 
16,801 posts, read 14,484,200 times
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Why? Is something going to maybe...happen to him? hmmmm?
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Old 04-03-2014, 11:05 PM
 
Location: Not where I want to be
4,827 posts, read 7,255,128 times
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Quote:
Originally Posted by Anonymous725 View Post
Here is an excerpt from a conversation I had a few days ago. I was wondering that if anything actually happened to the guy in question, and law enforcement start harassing me about it, they'd see this conversation and think's probable cause to gain a search warrant. Also, do you think a Jury could misinterpret the conversation and make into "evidence"

Me: He is a parasite. He only came here to financially benefit from others' work.
Friend: Do you think he'll become a problem?
Me: I don't know. People like having arms and being able to walk.

A search warrant for what?

Anything in a jury trial can be "evidence" --- conversations, telephone records, employment records, etc.

Why would you say what you said???? And why would your friend respond like that? And then your response???? Sounds like a threat. If anything happens to this guy, you and your friend will be interviewed as potential suspects.
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Old 04-04-2014, 02:35 AM
 
18,307 posts, read 23,450,631 times
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unless it was recorded, it is hearsay,,,you can always deny .... (watched plenty of law and order)
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Old 04-04-2014, 04:41 AM
 
Location: Pennsylvania
16,291 posts, read 10,286,132 times
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except of course you have now posted it on the internet, acknowledging you said it.

next time say 'what if someone said...'


or 'I'm writing a book and....'
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Old 04-04-2014, 06:47 AM
 
5,574 posts, read 5,817,797 times
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Originally Posted by mainebrokerman View Post
unless it was recorded, it is hearsay,,,you can always deny .... (watched plenty of law and order)
Apparently not without perjuring him/herself.
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Old 04-04-2014, 07:20 AM
 
Location: Vermont
10,288 posts, read 11,186,633 times
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Quote:
Originally Posted by mainebrokerman View Post
unless it was recorded, it is hearsay,,,you can always deny .... (watched plenty of law and order)
This illustrates a common misunderstanding. The Law and Order shows often get legal issues right, but they frequently oversimplify them or provide an inaccurate impression of how things really happen in court.

Hearsay is an out of court statement offered to prove the truth of that statement. If the statement is offered for some other purpose it is not hearsay.

In this case, the OP's statements were, "He is a parasite. He only came here to financially benefit from others' work." and "People like having arms and being able to walk."

If these statements were offered in evidence, presumably at a trial where the OP is charged with some physical assault on the other person, they would be offered not to prove that people like having arms and being able to walk, or even that the person they are talking about was a parasite who only came to financially benefit from the work of others, but that that is what the speaker thought of the person, and that the speaker was possibly considering breaking the guy's arms and legs. In other words, not for the truth of the matter asserted, but to reveal the speaker's state of mind.

Statements like these would be admissible for that purpose. They are not hearsay.

The question raised in the OP sounds very strange, because it would only be relevant to anything if the person they were talking about came down with some injury after the conversation. It would be a remarkable coincidence if two people were talking about what a shame it might be for a person they didn't like to suffer broken arms and legs and that person shortly thereafter did suffer broken arms and legs. Hence, Zentropa's question.
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Old 04-04-2014, 11:18 AM
 
3,565 posts, read 1,867,386 times
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Quote:
Originally Posted by jackmccullough View Post
This illustrates a common misunderstanding. The Law and Order shows often get legal issues right, but they frequently oversimplify them or provide an inaccurate impression of how things really happen in court.

Hearsay is an out of court statement offered to prove the truth of that statement. If the statement is offered for some other purpose it is not hearsay.

In this case, the OP's statements were, "He is a parasite. He only came here to financially benefit from others' work." and "People like having arms and being able to walk."

If these statements were offered in evidence, presumably at a trial where the OP is charged with some physical assault on the other person, they would be offered not to prove that people like having arms and being able to walk, or even that the person they are talking about was a parasite who only came to financially benefit from the work of others, but that that is what the speaker thought of the person, and that the speaker was possibly considering breaking the guy's arms and legs. In other words, not for the truth of the matter asserted, but to reveal the speaker's state of mind.

Statements like these would be admissible for that purpose. They are not hearsay.

The question raised in the OP sounds very strange, because it would only be relevant to anything if the person they were talking about came down with some injury after the conversation. It would be a remarkable coincidence if two people were talking about what a shame it might be for a person they didn't like to suffer broken arms and legs and that person shortly thereafter did suffer broken arms and legs. Hence, Zentropa's question.
The statement is a euphemism for "I will break his arms and legs," but also a very literal declaration about what people like (having arms and being able to walk). I tend to agree that it is easily offered not for the truth, but for the speaker's intent/state of mind. For fun, there are more routes to getting the statement in:

The easy route is that this is non-hearsay because it is a party admission, which makes it non-hearsay.

It is also, a statement against interest (showing evidence of conspiracy to commit assault) if the speaker is unavailable to take the stand (likely by assertion of 5th Amendment rights).
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Old 04-04-2014, 11:33 AM
 
891 posts, read 967,590 times
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Quote:
Originally Posted by Amisi View Post
A search warrant for what?

Anything in a jury trial can be "evidence" --- conversations, telephone records, employment records, etc.

Why would you say what you said???? And why would your friend respond like that? And then your response???? Sounds like a threat. If anything happens to this guy, you and your friend will be interviewed as potential suspects.
A search warrant for documents, files and communications from both personal residences and office space.
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