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In Florida, Secrecy Around Stingray Leads To Plea Bargain For a Robber

schwit1 writes The case against Tadrae McKenzie looked like an easy win for prosecutors. He and two buddies robbed a small-time pot dealer of $130 worth of weed using BB guns. Under Florida law, that was robbery with a deadly weapon, with a sentence of at least four years in prison. But before trial, his defense team detected investigators' use of a secret surveillance tool, one that raises significant privacy concerns. In an unprecedented move, a state judge ordered the police to show the device — a cell-tower simulator sometimes called a StingRay — to the attorneys. Rather than show the equipment, the state offered McKenzie a plea bargain. Today, 20-year-old McKenzie is serving six months' probation after pleading guilty to a second-degree misdemeanor. He got, as one civil liberties advocate said, the deal of the century.

3 of 246 comments (clear)

  1. Now we know who is the bigger crook by Required+Snark · · Score: 5, Interesting
    The cops just showed that they are by far more dangerous criminals then the guy that they tried to put away.

    He's a petty thief The police are violating the constitution, and completely ignoring the rule of law. For all intents and purposes the cops are the judge, jury and executioner, with a badge and gun.

    The police were able to avoid a trial, which is one of the major ways that the legal system has been subverted. The penalties are so draconian that even innocent people plead guilty, because if they don't they will be held forever.

    Here's a current example from Montana.

    If you want to show your fake nipple in Montana, do it before HB 365 gets passed, or you could face a $500 fine and 6 months in the county jail. It could have been worse. The original bill called for "life imprisonment" for a third offense.

    That's right. Life in jail for showing fake nipples three times. Of course they backed off on it, but the fact that this was even considered shows how corrupt the law has become.

    --
    Why is Snark Required?
  2. Re: So law protects me even when on illegal activi by Anonymous Coward · · Score: 5, Interesting

    Congratulations, you just reinvented the concept of "outlaw". The original idea was that law protected the law abiding. Those who broke the law had the aegis of the law removed and thus anyone could harm the outlaw in any way without legal repercussion.

    Interestingly, originally courts required that defendants recognize their authority before the court could try them. Defendants who refused to do so were subjected to various coercions. The coercive method of choice was "pressing".

    Here's one bad mother fucker who refused to submit to the state... read his last words: http://en.wikipedia.org/wiki/Giles_Corey

  3. In other news ... by return+42 · · Score: 5, Interesting

    In other legal news from the great State of Florida, the Charlotte County Sheriff’s Office has been caught recording defendants' privileged conversations with their attorneys, and, on occasion, providing said recordings to prosecutors.

    Hey, other countries get along fine without civil rights. Who needs 'em, amirite?

    http://www.winknews.com/2015/0...