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Ross Ulbricht's Lawyer Requests Suppression Of Silk Road Evidence
Despite a failed attempt to have charges dismissed, the alleged Silk Road operator Ross Ulbricht's lawyer has filed a new motion to have evidence dismissed, citing recent court rulings in an argument that the Silk Road related searches were overly broad. From the article:
Dratel [Ulbricht's lawyer] argues in his 102-page motion filed last Friday that "the government conducted a series of 14 searches and seizures of various physical devices containing electronically stored information ('ESI'), and of ESI itself from Internet providers and other sources. Some of the ESI was obtained via search warrant, but other ESI was obtained via court order, and still other ESI was obtained without benefit of any warrant at all." ...
The defense lawyer argues that even the searches for which the government had a warrant were overbroad and based on evidence that may have been obtained illegally. The attorney writes: " As set forth ante, all of the searches and seizures conducted pursuant to warrants and/or orders were based on the initial ability of the government to locate the Silk Road Servers, obtain the ESI on them, and perform extensive forensic analysis of that ESI. Thus, all subsequent searches and seizures are invalid if that initial locating the Silk Road Servers, obtaining their ESI, and gaining real-time continued access to those servers, was accomplished unlawfully."
The defense lawyer argues that even the searches for which the government had a warrant were overbroad and based on evidence that may have been obtained illegally. The attorney writes: " As set forth ante, all of the searches and seizures conducted pursuant to warrants and/or orders were based on the initial ability of the government to locate the Silk Road Servers, obtain the ESI on them, and perform extensive forensic analysis of that ESI. Thus, all subsequent searches and seizures are invalid if that initial locating the Silk Road Servers, obtaining their ESI, and gaining real-time continued access to those servers, was accomplished unlawfully."
We all know his lawyer has the burden to basically try anything and everything between now and (possible) sentencing to get the client off or reduced penalty. The system is adversarial on purpose. What will be interesting to some of us is to see if there was anything used here to find him that is really pushing the limits right. I mean the official story I hear is that he was found with old fashion leg work more than anything else. I am interested to know how true that might be. I think a lot of us are worried some of that mega NSA power is being serendipitously shared with law enforcement, and then they cover it up. We have some reason to think that is and has happened.
Peace, or Not?
That's an understatement. They're trying to charge the guy with "Continuing Criminal Enterprise", a charge reserved for gangsters who continue to run their gang from inside prison. How did Ulbricht keep making changes to Silk Road after being imprisoned? It's rather hard to do something electronic when you have no access to electronics because you're in jail.
Buck Feta. You know what to do.
Prosecutors and law enforcement personnel should have to operate within the law in order to exercise its enforcement
Yes, they most definitely should, but this is the united states legal system you are talking about. One where prosecutors and law enforcement have been ordered to perjure themselves by the federal government in order to keep questionable surveillance technologies (such as stingray) out of the courts eye. One where prosecutors and law enforcement have been encouraged by the federal government to use evidence laundering (parallel reconstruction) to hide the fact that evidence is routinely being illegally acquired. One where law enforcement demands more and more surveillance powers so they don't have to leave their plush offices and actually have to do police work.
If a court did throw out all the evidence, and as a result they had to return all the Sold Bitcoin?
Donte Alistair Anderson Roberts - hi son!
Karma: Chameleon
In a homicide investigation, it really helps if you actually have a dead body with which to continue working with. What the defense here is saying effectively, "you haven't found the body, have you? So where is your case then? And certainly, what exactly are the legal merits of your case based upon the legal evidence available, so you claim?"
You can't be ahead of the curve, if you're stuck in a loop.
CCE has nothing to do with being in prison. The requirements for conviction under Continuing Criminal Enterprise are that the defendant:
Managed or supervised
a series of
felony
drug offenses
involving at least four other people.
That actually sounds a LOT like "running a drug market", which about right.
http://en.m.wikipedia.org/wiki...
Actually, in fairness, I don't believe Silk Road did allow this.
More what he is accused of is trying to hire a hitman after being blackmailed, threatening both him and his customers.
Although, from the looks of things, what he really did was get scammed by a blackmailer and a fake hitman.
I find it hard to be so black and white about a situation where threats are actually potentially putting lives on the line, its not like he had other recourse. The blackmailer was a former conspirator of his....honestly.... I have trouble applying normal morality to such a case..... a person entering into illegal business who then attempts to blackmail his former boss knows what he is getting into.... for his former boss to then kill him I don't put quite as much moral weight on as if it was pretty much anyone else in just about any other situation.
I almost put it more in the category of a boxer who kills his opponent in the ring. They both knew what they were getting into, what the stakes were. If a child walks up to a bear and gets mauled it is a tragedy. If a man walks into the path of a bear he didn't see, it is likewise. If a full grown adult tosses food around his own campsite to attrack the bears because he wants to see one, then punches it in the face..... maybe on some level its tragic but, its not nearly as tragic.
"I opened my eyes, and everything went dark again"
You gotta give the guy credit. He's taking every possible spin he can to get his guilty client off.
I do not fail; I succeed at finding out what does not work.
Sure... I just wish, the Second Amendment was interpreted as widely as the First.
If the First was read as narrowly as the Second is currently, the freedom of speech — which, among other things, once meant Larry's freedom to sell porn — would've been limited to petitioning the government. And only for redress of grievances...
In Soviet Washington the swamp drains you.
The fact that you think "opponent of government abuse" equals "proponent of Silk Road" speaks volumes. You are the dangerous kind of citizen, who, unable to distinguish between the two, enables the "Think of the Children" approach to rights erosion.
Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
There is a lot of crap worth complaining about, and I think you've missed it if you're complaining about CCE.
How exactly is CCE a "fuck due process law"? A defendant is indicted, tried by jury. The jury concludes the evidence shows that beyond a reasonable doubt, the defendant directed multiple felonies. Where exactly is due process missing?