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Old 10-12-2011, 04:39 PM
 
10,996 posts, read 11,485,207 times
Reputation: 8362

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Quote:
Originally Posted by markg91359 View Post
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"
A lawyer could argue that the CD's were not his.

Quote:
Originally Posted by WhipperSnapper 88 View Post
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........
Justice is never served on Law and Order. Lol.

Quote:
Originally Posted by LuckyGem View Post
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).
If the evidence happened to be in the suspect's house, nobody could argue that the CD's were his. Otherwise, it needs to be in one of the home computers seized.

Don't assume you guys know everything either. There is a reason lawyers exist. Because there's always some clause.
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Old 10-12-2011, 06:07 PM
 
Location: Ohio
13,900 posts, read 10,796,204 times
Reputation: 7242
Quote:
Originally Posted by Singlelady10 View Post
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.
Well that's because you look at it from an emotional point of view whereas I look at it from a legal and factual point of view.
Quote:
Originally Posted by temptation001 View Post
A lawyer could argue that the CD's were not his.
.
Seeing as this idiot reported them stolen a week earlier, I think a lawyer might have a hard time making that argument.

Last edited by WhipperSnapper 88; 10-12-2011 at 06:39 PM..
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Old 10-12-2011, 09:30 PM
 
Location: Native Floridian, USA
4,907 posts, read 6,124,428 times
Reputation: 6117
Ya'll should leave the poor poster alone that watches L&O....thats where I get all of my lega knowledge. Seriously, the poster stepped off in that one but. it was well meaning.

I appreciate all the people that post, that do have a legal background or seem to. Trying to keep us all straight takes a lot....

Markg, are you an attorney ? You must be or a paralegal or a law student. Whatever, I appreciate your posts.
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Old 10-13-2011, 12:34 AM
 
10,996 posts, read 11,485,207 times
Reputation: 8362
Quote:
Originally Posted by AnnieA View Post
Ya'll should leave the poor poster alone that watches L&O.....

How sweet of you to step in to defend me. I don't need it.
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Old 10-13-2011, 12:36 AM
 
10,996 posts, read 11,485,207 times
Reputation: 8362
Quote:
Originally Posted by WhipperSnapper 88 View Post

Seeing as this idiot reported them stolen a week earlier, I think a lawyer might have a hard time making that argument.
Not hard to say those were not the CD's that were missing.
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Old 10-13-2011, 12:41 AM
 
10,996 posts, read 11,485,207 times
Reputation: 8362
Quote:
Originally Posted by AnnieA View Post

I appreciate all the people that post, that do have a legal background or seem to. Trying to keep us all straight takes a lot....
You think?

I do hope you appreciate them. They might need your approval or something to post on a forum.
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Old 10-13-2011, 11:57 AM
 
Location: Chambersburg PA
1,739 posts, read 1,761,662 times
Reputation: 1464
Quote:
Originally Posted by foadi View Post
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.
Is the guy in the videos? Otherwise, we don't know, the punks could've planted them.
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Old 10-13-2011, 03:41 PM
 
Location: Ohio
13,900 posts, read 10,796,204 times
Reputation: 7242
Quote:
Originally Posted by AnnieA View Post
Ya'll should leave the poor poster alone that watches L&O....thats where I get all of my lega knowledge. Seriously, the poster stepped off in that one but. it was well meaning.

I appreciate all the people that post, that do have a legal background or seem to. Trying to keep us all straight takes a lot....

Markg, are you an attorney ? You must be or a paralegal or a law student. Whatever, I appreciate your posts.
Hey dont get me wrong, I watch L&O as well, but it's there to entertain, not educate and thast is where people make their mistake. It's commonly referrred to as the "CSI effect". Its some truth sprinkled in with a lot of fiction.
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Old 10-13-2011, 03:42 PM
 
Location: Ohio
13,900 posts, read 10,796,204 times
Reputation: 7242
Quote:
Originally Posted by temptation001 View Post
Not hard to say those were not the CD's that were missing.
Well he had best hope for a jury without a brain, shouldn't be too hard to find these days though

.......if I only had-a-brain........
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Old 10-14-2011, 10:42 AM
 
Location: Nassau, Long Island, NY
16,408 posts, read 28,916,147 times
Reputation: 7273
Quote:
Originally Posted by faeryedark View Post
Is the guy in the videos? Otherwise, we don't know, the punks could've planted them.
And what would the motivation of the punks be to exert all that effort (and risk of themselves getting in trouble for accessing the material) of creating 50 CDs full of child porno and blaming it on that guy?
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