legal question

[heyo]

Can the authorities trace what we write and use it against us during a trial? Would they need a warrant to confiscateyour computeror could they come afteryouthrough the internet without ever needing a warrant? Thanks!


moved by BA

[edgien]

with the Police who really knows, in my opinion law inforcement can do whatever they can get away with in orderto vilolate the rights the US citizens, they can obtain a search warrant with probable cause andsieze your computer andwih whatever they find on your harddrive or any discscould use it against you if it is included inthe warrant.To obtain a search warrant in order to sieze your computer they need probable cause but the meaning of"probable cause" isprettyvauge. I wouldnt keep anything on my computer ifI feltLaw inforcement would be able to build a caseagainst me with the content....

[Woodman]

<blockquote>Originally posted by heyo on 25 March 2004<hr>


Can the authorities trace what we write and use it against us during a trial?* Would they need a warrant to confiscate*your computer*or could they come after*you*through the internet without ever needing a warrant?* Thanks!

moved by BA<hr></blockquote>

That depends on the content.

Without a warrant, law enforcement require probable cause prior to search.

[OneDiaDem]

With the signing of the Patriot act, law enforcement has alot more liberties into the private lives of US citizens. Its a scary bill put into action. One that strips alot of privacy, as now all they need is suspicion to act. One of the reasons divulging personal info on these type of boards is not a wise decision.

[butter]

Were protected by the privacy of information act signed by Bill Clinton in 1995. Damn I'm not even American.

[Alfa]

If your case is big enough, then they will make the effert, as they can do this trough the internet. In most cases it's not worth the time to do this. They need to contact your provider. In the EU they need a warrant for this. This is why it is good to have a provider, which is known not to give them a hard time in cases like that. Some providers coöperate without a warrant.


Then ofcourse there is hackware: illegal for unauthorised use, but nobody checks. Hackware is widely used by government agencies allover the world. Even crossborder, without consent of the nations involved. Proof gathered by unauthorised use of hackware can not be used in court. A good lawyer will check this out, when confronted with such evidence.

[edgien]

In short, Law Inforcement not to exclude the Federal Government can and wiLL violate your rights if you allow them to do so, youMUST know and have some knowledgeof your rights under the Constitution andif upon warrant or arrestexercise them without fear and never break rank.Protest any and allsearches even when a valid warrant is present, they can stilllegally perform the searchhowever the search can be questioned later in court. The one area where most people fail to exercise their rightswhen subject to awarrant of search or arrest is to always and without discussionremain silent,neveroffer upopinions no matter how insignifcantyou may feel them to be for silence ir truely golden in this situation forIlearned this lesson the hard wayand in the event of a search never participate,so in short as my mama would say "Just Shut Up and let them dotheir job"......and if upon an arrest anddepending on your situation,hire the best lawyeryou are able to afford and then some. If you are forced to use a PD thenforce him or herto dotheir f**king job because in many instances they dont and if you have reasonable cause to believethey are not then make the court keep giving you one until you feel comfortable (at least try anyway). Alsoaskto have copies of all affidavits in regards to evidence, order of events, ect.in regards to your case available to youand never accept aplea unless you are dead in the wateror feel reasonable to entertain. No matter what,you are innocent until proven guilty, if need be tie up the courts with as much shit as you can muster, in many cases the courts would rather you accept a pleathen to go to trial,so unless they have a case that can be proven weigh the costs.If you feelthe Police did not have probable cause in a search that results in evidencecausing your arrest then fight it. Never accept theclaims of law inforcementwithout full knowledgeof the facts. If your arrest was the result of a warrantless trash searchonly, then check yourrights under your State Constitution whereyou may have rights that would overide the Supreme Court decision that allowed this truemockeryin regards to thethe 4th. amendment.FortunatelymanyState Courts simply do notadhere in that particular decisionand alsokeep in mind thatState Courts do notcaremuchfor Federal courts telling them what to doso use thatto your advantage.Dont forgetthe Golden Rule~~Never snitch!!!I have only suggested some ideas and thoughts in regards tosituationswheresuch thoughts and ideasmight beentertainedand since I am not a legal adviser in regards to such matters consider them only as one common man's opinion and nothing more then that....


"excercise those things that have been guaranteed without fear of reprisal forin failure to exercise what is yours is to deliver them to those who will deliver you in chains of bondage"

[Woodman]

<blockquote>Originally posted by Alfa on 28 April 2004<hr>
... they can do this trough the internet. In most cases it's not worth the time to do this.<hr></blockquote>

Yes, this is true.



That's one reason no dealing can be allowed in the forum; not even in P/M folks.



Keep it all informational, or at least as much as possible. Even I get paranoid about THAT, sometimes.



Be a little fish, a minnow if you will; a small target.



Your better off being left alone as departmental budgets (among law enforcement) can't justify wide investigation of a small user, and if they chose to do so arrest and conviction will cost them even more.



Start posting about kilos, lbs, and 5 digit figures and your post will certainly draw attention and it will be flagged for review.



So use intelligently and post wisely,



... and enjoy.

[edgien]

Amen brother..........very wise advice for all