Oops... meant to link to the main opinion, not the dissent. Oh well. The point is, plain view doesn't apply when the cops aren't supposed to be there in the first place.
Still good law. Here's a taste: "Coolidge emphasized that the plain view doctrine applies only after a lawful search is in progress or the officer was otherwise legally present at the place of the seizure."
Even though the police were in the wrong place, they were excecuting a legal warrant
They weren't executing a legal warrant if they were at the wrong place. If the cops have a warrant for 201 Jackson Street, they can't bust into 205 Jackson Street, find cocaine in a bathroom, and start busting the residents (or rather, they can, but it would be thrown out). If the police make a mistake on a warrant application in "good faith" then evidence will likely be held admissible (for example, they really meant to write 205 Jackson, not 201 Jackson). If the police just march into the wrong house and start arresting people, with no probable cause or anything, that's not going to fly.
Your garbage-search analogy doesn't make much sense. Yes, police can search through garbage, but are we really "throwing away" our internet communications? I certainly have an expectation of privacy for my internet dealings, just as I have an expectation of privacy when I make phone calls, or mail a letter.
Bit off topic, but that case mentioned in your blog (I think it was covered on slashdot too) is very, very disturbing.
a sixteen year old faced 90 years for allegedly possessing nine "sexually suggestive pictures of minors"
90 years for 9 "sexually suggestive" pictures. Wow. What is also disturbing is that courts have ruled (I'm too lazy to link) that penalties such as this are not "cruel and unusual".
Also, the argument over searchign one house (taping one IP) vs an entire street (an IP Block) does not work all that well.
The idea is that they have a court order for the ISP to turn over the IP, however for some reason (I can't come up with a hypothetical that covers it) the ISP can (not will) NOT give out the IP. At that point they would be alowed to do a 'full pipe' search (however, even if this is legal, I still think that the datamining should be limited in scope).
I'm confused as to why that argument does not work all that well. Are you saying that if the police suspect someone in a neighborhood of having committed a crime, but for some reason they cannot narrow down the exact house, only the zip code, then they are therefore allowed to search every home in that zip-code?
What, you expect the cops to ignore the dead body missing its arms lying in the back room because they were only looking for the stash of cocaine in the house?
I think you are way off base. This seems more akin to having the police executing a warrant on the wrong house and finding a stash of cocaine. Which would be thrown out of court.
the agent must be in a lawful position to observe and access the evidence
Here is the problem. Is it lawful (constitutionally permissible) to search through many innocent people's private information in order to find who they are looking for? If a cop suspects that someone in your neighborhood is dealing cocaine, is it legal for them to search through every house, busting all unintended targets for any illegalities along the way? Police are supposed to narrowly tailor their search for suspects.
Microsoft's core strength is Marketing and general amoral anything-goes business practices certainly not operating systems.
I don't get it. I think Microsoft is a bully, and I think they make frequent use of unfair business practices to dominate the market, but what is so wrong with W2K and XP? They are stable, usable operating systems. So very often on Slashdot I see it taken as a given that all MS operating systems suck. I say criticize M$ Windoze all you want, and burn effigies of Bill Gates to your heart's content, but give credit where credit is due. Do W2K and XP not perform the job they are supposed to do?
Gonzo is a smirking fool. His only concern is protecting the administration and its policies. Constitutional rights and justice mean nothing to him. America will be much better off after he is gone.
And if you use a single Gnome or KDE application, you end up having to load those anyway. GTK is especially bad now, especially if you aren't using an accelerated (aka proprietary) video driver. I just cannot make linux useful on lower-end machines anymore, without restricting myself to older distros.
Good call, Mr. Coward. I wish I had mod points. Lightweight window-managers nowadays are, in my opinion, becoming pretty useless. They're fast and lightweight and use very little memory... until you open an application like firefox or amarok, and then they're just as unresponsive as all the DEs. You can use a lightweight WM and a series of light applications (i.e. dillo, xterm, rox-filer, etc.), but is the speed improvement worth the loss of features?
Whether it is real or computer generated material, it is wrong, it is disgusting and anyone who would defend it in the name of freedom of speech or expression needs to seriously question their own moral judgment.
Anyone who modded you insightful needs to seriously question their own intelligence.
Pose a problem for other humans, sure. I was referring to your statement that their basic instinct to reproduce has gone wrong. Plenty of people reproduce and still engage in deviant sexual behavior.
much of the "right" is just as peeved at him as you are precisely because he is so far "left" he may as well put a (D) after his name.
Much of the "right" doesn't really know why McCain can be considered a moderate or leftish, they think he's "left" because thats what they hear in the media. The other poster is correct: McCain has a very conservative voting record.
There were some people who never believed from the start that Iraq had and WMDs, but they were ignoring a LOT of evidence
"Evidence" which turned out to be false, so ignoring it (or looking at it objectively and dismissing it) was probably a good idea.
The best way to get past bickering in these situations is to first admit mistakes (I know it hurts) and then move on.
I'm tired of disputing these topics too, but when people make blanket statements such as this, I find it difficult to sit back idly. We all didn't think there were WMDs. I saw Colin Powell's presentation to the UN concerning the threat Iraq posed to the world. It was shite. Showing pictures of double-wide trailers, give me a break. During the whole lead-up to the war, the administration (IMO) seemed to be grasping at straws, trying their very best to convince americans that Saddam was the biggest threat the US was facing. It was all Bush would talk about at the time.
Scott Ritter, a former UN weapons inspector, was on the talk-show circuit in 2003, disputing the administration's claims that Iraq had WMDs.
You want to move forward, fine. You want to work to find solutions to this mess, fine. But don't rewrite history, and don't tell me what I did or did not think.
What the headline calls domestic spying is actually the tapping of phone calls to and from people inside the United States to and from someone outside the United States who is a known terrorist or member of Al Queda. It is not, as some believe, the government wiretapping phone calls internal to the United States.
So if being monitored by the government, without a warrant or any oversight, while you make a call to Canada from within your own house doesn't bother you, I assume you also wouldn't mind if the government listened to any phone calls you make purely inside the United States?
I'm curious why one seems acceptable to many anti-bill-of-righters but the other presumably is not.
Would Seagate really attempt to market a drive that was going to protect pedophiles and terrorists?
Of course, some people might reasonably believe encrypted hard drives such as this could help stop the corporate data leak of private customer information. But alas, hysteria rules the day.
I fear that at some point Joe Public will think "encryption = pedophiles and terrorists". Maybe that's already the case.
OK great, so how does this help me when calling my friends on Windows? Why, the beta release of Ekiga for Windows, of course!
What's that? Oh you want to talk with me via VOIP? Nah, don't use that program you use with all your other friends and family, install this nifty beta program just so you can talk with me!
Slashdot Mirror
Oops... meant to link to the main opinion, not the dissent. Oh well. The point is, plain view doesn't apply when the cops aren't supposed to be there in the first place.
You seem to like throwing out links, so here's one for you:
S SC_CR_0455_0001_ZD.html
http://www.law.cornell.edu/supct/html/historics/U
Still good law. Here's a taste: "Coolidge emphasized that the plain view doctrine applies only after a lawful search is in progress or the officer was otherwise legally present at the place of the seizure."
Your garbage-search analogy doesn't make much sense. Yes, police can search through garbage, but are we really "throwing away" our internet communications? I certainly have an expectation of privacy for my internet dealings, just as I have an expectation of privacy when I make phone calls, or mail a letter.
Gonzo is a smirking fool. His only concern is protecting the administration and its policies. Constitutional rights and justice mean nothing to him. America will be much better off after he is gone.
And if you use a single Gnome or KDE application, you end up having to load those anyway. GTK is especially bad now, especially if you aren't using an accelerated (aka proprietary) video driver. I just cannot make linux useful on lower-end machines anymore, without restricting myself to older distros.
Good call, Mr. Coward. I wish I had mod points. Lightweight window-managers nowadays are, in my opinion, becoming pretty useless. They're fast and lightweight and use very little memory... until you open an application like firefox or amarok, and then they're just as unresponsive as all the DEs. You can use a lightweight WM and a series of light applications (i.e. dillo, xterm, rox-filer, etc.), but is the speed improvement worth the loss of features?
What is the reason for banning viewing these things?
To keep all that thought-crime under control. It's everywhere!
Anyone who modded you insightful needs to seriously question their own intelligence.
Pose a problem for other humans, sure. I was referring to your statement that their basic instinct to reproduce has gone wrong. Plenty of people reproduce and still engage in deviant sexual behavior.
A lot of sex-offenders, animal-bonkers, etc. reproduce. So for human survival/existence purposes, these "deviant" behaviors don't pose a problem.
Much of the "right" doesn't really know why McCain can be considered a moderate or leftish, they think he's "left" because thats what they hear in the media. The other poster is correct: McCain has a very conservative voting record.
You're right, our problem with violence rests in our video games. *ducks*
Qemu and native performance in the same sentence with no negative qualifiers?
Something's wrong.
I'm tired of disputing these topics too, but when people make blanket statements such as this, I find it difficult to sit back idly. We all didn't think there were WMDs. I saw Colin Powell's presentation to the UN concerning the threat Iraq posed to the world. It was shite. Showing pictures of double-wide trailers, give me a break. During the whole lead-up to the war, the administration (IMO) seemed to be grasping at straws, trying their very best to convince americans that Saddam was the biggest threat the US was facing. It was all Bush would talk about at the time.
Scott Ritter, a former UN weapons inspector, was on the talk-show circuit in 2003, disputing the administration's claims that Iraq had WMDs.
You want to move forward, fine. You want to work to find solutions to this mess, fine. But don't rewrite history, and don't tell me what I did or did not think.
So if being monitored by the government, without a warrant or any oversight, while you make a call to Canada from within your own house doesn't bother you, I assume you also wouldn't mind if the government listened to any phone calls you make purely inside the United States?
I'm curious why one seems acceptable to many anti-bill-of-righters but the other presumably is not.
I use Wine to run all my Win32 games... for the most part you can run anything.
Pardon me sir, but your pants seem to be on fire.
I fear that at some point Joe Public will think "encryption = pedophiles and terrorists". Maybe that's already the case.
Captain Encryption!
I just love this argument. You must choose: Your supposed freedoms or DEATH?
I think this argument should be used at every end of the political spectrum. Which do you want, Net Neutrality or DEATH?
By the way, Mr. Coward, I believe the american revolutionaries answer to the question of liberty or death would be the latter.
"Those who would use the same quote at every opportunity, spread neither wisdom nor understanding." ~ me