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Old 10-08-2011, 06:18 PM
 
Location: Ohio
13,900 posts, read 10,781,939 times
Reputation: 7242

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Quote:
Originally Posted by Phil306 View Post
Just a small hint: Don't get involved in the criminal justice system. Law Enforcement Officers all over the world, in all shapes, let criminals go, to "catch the bigger fish." Criminals know other criminals and know the crimes they commit. It is common practice to allow certain criminals to go free, without any arrest or charging, in exchange for information. You have to way out the information the informant is giving you, in relationship to the crime they committed.

I've seen armed robbery suspects walk out the door, in exchange for information to solve a series of murders. Its just the way business is done.
Yes I'm well aware of what your saying here and in a lot of instances, I suppose it would be worth letting the small timers go in order to get the "bigger fish". In this situation though, I dont see it. They willingly went to the cops. It's not as if they were caught in the act and said " we will give you a pedo if you let the burglary charge slide" the way I'm understanding it, they just gave the information up to the police. What does the DA have to gain by not charging them? They already have the info they need on the pedophile.
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Old 10-12-2011, 04:11 AM
 
10,996 posts, read 11,474,483 times
Reputation: 8362
I've watched enough Law and Order to predict that this whole case will be dropped by the courts. First because they cannot take as evidence the stolen discs, since that is tainted evidence obtained without a warrant. If they hadn't stolen the discs, and instead left them there for the cops to find, this might have a better outcome.

Unless the computers obtained with the warrant have child porn in them, which the article said was unknown, the judge might have to throw out the case altogether. And...WILL probably prosecute the young criminals who stole the property.
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Old 10-12-2011, 07:43 AM
 
9,190 posts, read 9,267,265 times
Reputation: 28779
Quote:
I've watched enough Law and Order to predict that this whole case will be dropped by the courts. First because they cannot take as evidence the stolen discs, since that is tainted evidence obtained without a warrant. If they hadn't stolen the discs, and instead left them there for the cops to find, this might have a better outcome.

Unless the computers obtained with the warrant have child porn in them, which the article said was unknown, the judge might have to throw out the case altogether. And...WILL probably prosecute the young criminals who stole the property.
There is a saying in life that "a little bit of learning is a dangerous thing". The above post is a textbook example of what I am referring too.

Let's review the facts in this case just a bit first. Burglars break into a man's barn and steal what they believe are blank copies of CDs. Upon taking the CDs home they pop them into a computer and discover that they contain images of child pornography. The burglars, than on their own, despite having committed a crime, report this to the local police. The police than obtain a search warrant and seize computers and other materials from the individual who owned them.

Every piece of evidence taken may be used against the owner of the computers and the CDs.

From a legal standpoint, there is no issue of an illegal search and seizure presented here. The Fourth Amendment to the United States Constitution protects against "unreasonable searches and seizures". What may not be immediately apparent to someone without legal training is that the amendment is talking about action by the state or those employed by the state. Unreasonable searches by the police. The Fourth Amendment was written to protect us from our government. It was written to limit government powers and prevent federal and state government from becoming too intrusive into our lives. The early colonialists had lived in a situation where British soldiers had been given the power by King George and his royal governors to search and seize any dwelling they desired. The Fourth Amendment was written to put an end to such situations.

When a private individual (not acting on behalf of the police) commits a burglary and discovers evidence of another crime, no state action is involved.

In short, nothing precludes the use of the evidence that the burglars took at the trial of this man for violating child pornography laws. The only exception would be if during an evidentiary hearing the court were to discover that the police had told the burglars to commit this crime (which didn't happen).

I realize there is a lot of interest in criminal justice. I wish more people got their information from reading textbooks instead of watching episodes of "Law & Order"
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Old 10-12-2011, 01:21 PM
 
Location: Ohio
13,900 posts, read 10,781,939 times
Reputation: 7242
Quote:
Originally Posted by temptation001 View Post
I've watched enough Law and Order to predict that this whole case will be dropped by the courts. .
The real trajedy here is that you think watching "Law & Order" will give you a true picture of how the Justice System actually works.

Life isn't an episode of L&O, CSI, or Criminal Minds where a crime is committed, an investigation takes place, some magical piece of forensics is discovered and they find out who the perp is in the last 45 minutes, question said perp, he breaks down and confesses everything, and Lo-n-behold, justice is served, all in less than an hour.

If only........
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Old 10-12-2011, 01:26 PM
 
Location: The D-M-V area
13,694 posts, read 15,634,432 times
Reputation: 9519
Quote:
Originally Posted by temptation001 View Post
I've watched enough Law and Order to predict that this whole case will be dropped by the courts. First because they cannot take as evidence the stolen discs, since that is tainted evidence obtained without a warrant. If they hadn't stolen the discs, and instead left them there for the cops to find, this might have a better outcome.

Unless the computers obtained with the warrant have child porn in them, which the article said was unknown, the judge might have to throw out the case altogether. And...WILL probably prosecute the young criminals who stole the property.
You don't need a warrant to take evidence if it's in plain sight nor do they need a warrant to take contraband (child porn cd's).
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Old 10-12-2011, 01:31 PM
 
Location: City of Angels
2,935 posts, read 4,765,000 times
Reputation: 2236
wow this is disgusting. arrest a guy because of what some punk burglars say? man i hope the case gets thrown out and he sues the city.
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Old 10-12-2011, 01:32 PM
 
Location: The D-M-V area
13,694 posts, read 15,634,432 times
Reputation: 9519
Quote:
Originally Posted by foadi View Post
Location: bangkok thailand |wow this is disgusting. arrest a guy because of what some punk burglars say? man i hope the case gets thrown out and he sues the city.
I guess there's a reason why you're in Bangkok, Thailand.

All child rapers and pornographers should be under the jail - isn't it ironic that no inmates want to share a cell with them either. They're even lower than the lowest scum in jail.

Quote:
'Austin Powers' actor allegedly kills sex offender in prison

An "Austin Powers" actor convicted of torturing a woman in Orange County is suspected of killing his cellmate in a Central Valley prison, authorities said Tuesday.

Joseph Hyungmin Son, 40, allegedly killed his 50-year-old cellmate, who was found dead Monday afternoon at Wasco State Prison Reception Center in Kern County.

The cellmate was a parole violator who had been sentenced to two years in prison for failing to register as a sex offender, according to a prison report. A cause of death was pending.
http://latimesblogs.latimes.com/lano...te-prison.html
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Old 10-12-2011, 03:10 PM
 
Location: Nassau, Long Island, NY
16,408 posts, read 28,886,666 times
Reputation: 7268
Quote:
Originally Posted by WhipperSnapper 88 View Post
I simply cannot believe what I am reading here! CRIME is CRIME no matter what the end result. The guy who had the CP should be charged, but so should the burglars! It sends a bad message anytime you let criminals walk free.

Suppose this guy hadn't had a "stash" and these burgals had robbed him, then should they have been charged? It's not as if they knew what they were going to find and went in to get it and report a pedophile to the cops, they had every intent to criminaly burlarise this man, and should be charged accordingly. At least give them a slap on the rist so that the record says they were punished.
What they stole was used CDs.

How much is that worth? What level of "larceny" would that count as? Then what would it be pled down to?

The burglars would have gotten away with it anyway, especially the juvie whose incident wouldn't be on the record once an adult. This way the taxpayers aren't paying for it to go through the system.

I hope, however, the little sticky-fingered thieves think twice in the future after going through this experience ...
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Old 10-12-2011, 03:11 PM
 
Location: Nassau, Long Island, NY
16,408 posts, read 28,886,666 times
Reputation: 7268
Quote:
Originally Posted by WhipperSnapper 88 View Post
Although I have to say this guy should make the stupidist criminals list, according to the article, this guy actually reported these discs stolen
Exactly what I was thinking!
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Old 10-12-2011, 04:02 PM
 
7,143 posts, read 5,414,598 times
Reputation: 5322
[quote=WhipperSnapper 88;21197017]I simply cannot believe what I am reading here! CRIME is CRIME no matter what the end result.

Tell the jury that freed Case Anothony! I am glad these guys won't be charged. Anyone that hurts, exploiting and harming children are the lowest form of life. Some crimes are more severe than others that s why they have misdemeanors and felonies. If those boys would not have turned him in there is not telling how long this creep would have continue this perverted actions.
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