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Thread: 16-year-old denied due process thanks to the Patriot Act

  1. #16
    Elite Member cynic's Avatar
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    ^^there you go again using facts.........when others use Google.....

  2. #17
    Elite Member Sweetie's Avatar
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    ^ I know, it's a hard job, but someone has to do it.

  3. #18
    Elite Member Mel1973's Avatar
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    Quote Originally Posted by cynic View Post
    ^^there you go again using facts.........when others use Google.....
    no wiki???
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  4. #19
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    What I was trying to say is...I have no idea what this kid did or didn't do. I hope this all gets sorted out and his rights are respected throughout. Innocent until proven guilty should apply, as always. Kids are more easily coerced into false confessions and such, and that is what I'm concerned about.

    The police aren't always right and lying has been known to happen.
    Last edited by BBDSP; May 7th, 2009 at 05:11 PM.

  5. #20
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    Uh, the Patriot Act does not supercede your Constitution - unless your Supreme Court has become incredibly corrupt, you know, like the courts did in Nazi Germany.

  6. #21
    Elite Member MontanaMama's Avatar
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    Quote Originally Posted by cynic View Post
    ^^there you go again using facts.........when others use Google.....
    Quote Originally Posted by Sweetie View Post
    ^ I know, it's a hard job, but someone has to do it.
    Well golly gee, color me stupid for being a licensed attorney in multiple states, and having worked in the legal field for 20+ years in 6 states (including NC). If you read what I said I didn't say anything about requiring a search warrant to arrest someone. I was replying to your comment, Sweetie, that even prior to the Patriot Act a warrant wasn't required in NC - I even bolded it. It is a simple fact of constitutional law that absent exigent circumstances you cannot enter someone's home for the purpose of arresting them without a warrant and even in exigent circumstances officers can only detain, defuse the emergency and await a warrant. The key point is the suspect being in their own home.

  7. #22
    Elite Member Grimmlok's Avatar
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    whip em out, girls!
    I am from the American CIA and I have a radio in my head. I am going to kill you.

  8. #23
    Elite Member NicoleWasHere's Avatar
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    *Whips 'em out*

    *everyone points and laughs*

    *sulks away*

  9. #24
    Elite Member MontanaMama's Avatar
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    Quote Originally Posted by Grimmlok View Post
    whip em out, girls!
    Quote Originally Posted by NicoleWasHere View Post
    *Whips 'em out*

    *everyone points and laughs*

    *sulks away*
    Well maybe I'll take one of the girls out and keep the other holstered in case she's needed later.

    We Americans are so abysmally educated on our rights that I think it's pretty important to counterinform wrong information.

  10. #25
    Elite Member suede's Avatar
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    Quote Originally Posted by Sweetie View Post
    ^ I know, it's a hard job, but someone has to do it.
    You're sexy when you lay down the law/ facts.


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  11. #26
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    Can you even hack into an IP addy like that? The whole thing seems fishy I think he did it and got caught and can't own up. On the flip side what if they did nothing and 20 people died because he did set off a bomb?

  12. #27
    Elite Member L1049's Avatar
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    Quote Originally Posted by maryk View Post
    Can you even hack into an IP addy like that? The whole thing seems fishy I think he did it and got caught and can't own up. On the flip side what if they did nothing and 20 people died because he did set off a bomb?
    Entirely possible, but 'hacking' wouldn't be the right term in this circumstance. If this kid's computer had a remote access trojan, a person can turn the kid's computer into a 'slave' computer.

  13. #28
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    Quote Originally Posted by Sweetie View Post
    ^ haha, I have done this kind of work for 16 years. I KNOW the law in my state. Officer's do NOT have to have a warrant to enter your home. Now, they will have to provide one at some point, but if there is probable cause, they can enter your home without a warrant.

    Entering and arresting are two entirely different matters. A search warrant is not needed just to arrest someone. An officer can go to anyone house with a warrant, enter, take down, and arrest you without a search warrant. But either way, these officer's had the necessary paper when they entered, so that's neither here nor there in this case.
    In Canada, police can only enter a premises with a warrant, or if there are exigent circumstances. Exigent just means emergency - suspicion someone is being hurt, a crime is in process, etc. What is the sit in Ohio?

  14. #29
    Elite Member cynic's Avatar
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    Quote Originally Posted by MontanaMama View Post
    Well golly gee, color me stupid for being a licensed attorney in multiple states, and having worked in the legal field for 20+ years in 6 states (including NC). If you read what I said I didn't say anything about requiring a search warrant to arrest someone. I was replying to your comment, Sweetie, that even prior to the Patriot Act a warrant wasn't required in NC - I even bolded it. It is a simple fact of constitutional law that absent exigent circumstances you cannot enter someone's home for the purpose of arresting them without a warrant and even in exigent circumstances officers can only detain, defuse the emergency and await a warrant. The key point is the suspect being in their own home.

  15. #30
    Elite Member Sweetie's Avatar
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    In NC they can enter and detain a person. Normally they do have the warrant ahead of time, but if they can't get one signed in time, and time is of the essence, they will enter and detain until a warrant is signed off.

    A lot of attorney's try to use the "fruit of a poisonous tree" defense and have all evidence suppressed when that happens. Sometimes they will, but most of the time it's repeat offenders and they know the evidence is solid, and it will hold up just because of the defendant's past charges, and so forth.

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