No, it's not. It's called the plain view exception and has been found to be completely constitutional. I refer you to this page from the Justice Department (ok, no snickers) which references Horton v. California, 496 U.S. 128 (1990).
The relevant part is as follows:
To rely on this exception, the agent must be in a lawful position to observe and access the evidence, and its incriminating character must be immediately apparent.
How this exception would apply in the current situation will be up for debate but the exception of an officer finding evidence of another crime, while executing a search warrant for a different crime, is fully constitutional. For a further reading of just this subject, see Danny Weitzner's comments with a much more detailed discussion of the plain view exception.
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?
Both my parents and I keep an eye out for abandoned pennies. Walk across a parking and we scan the ground to see if one is lying around. You'd be surprised how many pennies one finds this way. They've thought about putting all these found pennies in a jar and see how much they could collect over time.
Anyway, I took them down to D.C. a year or so ago to visit one of the Smithsonian museums. As my mom is standing on the sidewalk, waiting for me to get out (traffic coming), I notice she walks between the cars and bends down. When I get out of the car I see there is a penny lying in the street.
Only problem is, she can't pick it up. She calls my dad over who also tries to pick it up. The penny has been lying on top of joint sealant which has softened enough that the penny is now held fast to the street unless one has a screwdriver to pry it out.
As I'm standing there watching this, I remark to them, "You know, I'll bet there's a camera somewhere recording this. I'll bet someone put that penny there and is trying to find out how many people are desperate enough to try and pry that penny off the ground. Congrats, you're on Candid Camera!"
It's not just that Sony won't license blue-ray to the adult industry, there is also the issue of HD being so sharp and clear that imperfections in the porn actors and actresses are causing problems in the industry.
Because of the clarity, the folks (mainly women) are having to undergo surgery, use mucho makeup to cover flaws or, in some cases, the studios are using software to soften the images. In other words, there's TOO much clarity and we have to somewhat downgrade the image. Ironic, no?
the article points out this design may possibly be a failed evolutionary experiment.
Not an evolutionary experiment but a bad first design. The being who designed everything used this as a first attempt to join birds and reptiles and failed. Thus, we now have true birds and true reptiles with no overlapping structures.
Yes. In several states, including my own, bars can be held liable if a person leaves their premises while drunk then has an accident which injures or kills someones.
However, the key part is that the bar must have known the person was visibly intoxicated yet continued to serve the person.
How does one prove the person was visibly drunk? That's for the courts to decide.
Of the three, the only one someone has a choice in is purchasing a stick or automatic car.
The remaining have been forced upon people. Try finding a rotary phone in the store or a tv which has a knob (not buttons on the front) to turn channels with.
Um, no. Everyone is getting new pcs and they come with the same keyboard. And no, he's not in data entry. In fact, he only uses one of those keys for one particular purpose when in a mainframe session.
Further, it's not the keypad keys I was talking about. It was the same six keys but in a group to the left of the keypad. On the old keyboard those six were horizontal. On the new keyboard, vertical. In fact, the key he used was one spot to the right of where it was on the old keyboard.
If people can't adapt, that's their problem.
What, you think because someone doesn't like something because it's different we should coddle them?
"Oh my, how do I operate this car now that I don't a stick to shift gears"
"Holy hell! I don't have a dial to turn when I use the phone. How am I going to call someone?"
"What happened to the knob on the tv? How am I going to change the channel?"
The fact that the phone is a different color is going to be upsetting to some of them.
I know users can be pretty dense where change is concerned but to say that people would be upset because the phone is a different color is even worse than what I had to go through recently.
I was assigned to replace someone's pc with one of our new ones. After I was done I got a call from him asking if he could have his old keyboard back because the keys on the new one weren't the same. I looked at the old one and compared it to mine (the same type he had). The only difference was the six buttons where Home, PgUp and so forth are located are arranged vertically on the new keyboard compared to horizontally on the old one.
So, to answer this question, it's not the fault of those of us in IT that we have bad attitudes when we have users like the above to deal with.
how about an effort to screen the certifiable morons who keep getting onto the ballot?
I know you're trying to be funny but every state has requirements for people who want to run for office. So long as they meet those requirements, anyone can get on the ballot.
However, some states, such as Pennsylvania, have stacked the odds against third party candidates by requiring those candidates to meet higher standards. In Pennsylvania, if you are third party candidate and want to be on the ballot in November (you can't be on the ballot in May), you would need to gather signatures equal to or greater than 2% of the ballots cast for the largest vote-getter in the last statewide election race.
In the most recent election, third party candidates would have needed 67,070 valid signatures to be on the ballot as the highest vote count in the last statewide election was 3.4 million.
Contrast that with the 2,000 signatures that either a Democratic or Republican candidate must gather.
Obviously the answer is to have the legislature change the reqirement but the vast majority of the unwashed masses don't know about the requirement, don't care about the requirement, and are happy enough simply voting straight ticket.
Besides, can you imagine what would happen if it were easier for third party candidates to get on the ballot? Why, there would be competition and choice during an election! We can't have that, now can we?
Normally, it is some form of cereal. Usually the higher in sugar the better. For instance, this morning was Cap'N Crunch with Crunch Berries. But, I also have Honey Nut Cheerios, Honey Nut Crunch'n Oats (two different versions) or whatever cereal is on sale when I go shopping (usually have a coupon too).
However, on weekends I usually make myself a two-egg cheese omelette or on rare occasions, 6-8 slices of french toast.
I always have a glass of juice (grapefruit) and a slice of toast, pop tart or some cake/pie. I'll throw in hash or spam from time to time as well.
I almost never miss breakfast, no matter how early I have to get up (right now around 5 - 5:20 every morning).
For example, when is the last time you were able to hear the opinions of a labor leader, explaining the benefits of joining a union?
A few times a year on my local conservative talk radio show. The host has brings on someone from the labor side when he has the topic of government waste and related matters.
The labor person tries to make the case that it's a good thing that employees, who aren't part of the union, be forced to pay money to the union because of "all the benefits" those employees receive.
Benefits? You mean like getting a 2.5% pay increase maybe every year? What's the rate of inflation? According to this site, throughout almost all of 2006 it was well above 3%. In other words, those wonderful benefits were costing me money.
How about the benefit of not getting any pay increase or COLA for 2 years yet still having to pay union dues (sorry, fair share dues). Great benefits the union got me.
Yes, I took this job. Yes, I am responsible for my own earnings. I plan on moving up one pay level this year which will put me out of reach of unions but that is irrelevant to my comments. Every time you hear someone talk about the benefits of a union, ask them how much their pay increases are and compare it to the rate of inflation. Not such a good thing to be in a union, is it?
Bwahahahaha! Now that's funny. My comment gets modded as offtopic but the two following comments, also offtopic, don't get modded anything.
Yeah, real nice mod system ya got here folks. Let's not fix the mod point system so people who have a brain can mod correctly. Let's just keep things the way they are cause, you know, like Microsft, it's not a bug, it's a feature!
I find that removing the spam from the can and slicing it into ~3/8" thick slices (length wise), placing the pieces in a skillet over medium heat and letting them get nice and brown is the best way to rid of spam. Spam goes great with any breakfast food (except cereal).
I've also had the pleasure (such that it is) of dicing the spam into cubes and mixing it into a noodle casserole and baking for 45 minutes in the oven. The spam is cooked nicely and its fat oozes into the surrounding noodles and sauce.
How does Google stay in business by offering so much of their stuff for free?
In addition to adverstising, they make their money selling their services to other providers and businesses. Google is not merely a link aggregator but more a service provider. Think Apple. Yes, they sell an operating system but they really make their money on the hardware.
Google is actually a very good business and your surprise at them still being in business, well, let's just say I wouldn't give you my money to invest.
Today's battle isn't about 'what brand of computer sits on the desk in your spare room, or even what operating system it runs, it's going to be about who gets to dominate the market for home servers that will control your entertainment, television, telephony, and your home automation system
Rather, it is:
There's a war out there, old friend. A world war. And it's not about who's got the most bullets. It's about who controls the information. What we see and hear, how we work, what we think... it's all about the information!
a government that can responsibly deter crime without infringing on the rights of the citizens.
Considering the chimp-in-chief considers the Constitution a "goddamned piece of paper" while the Attorney General considers it "an outdated document", you don't think he really cares about infringing the rights of citizens, do you?
I have no idea what Romanian property taxes are like... You think Vampires suck - you don't want to see the local Tax authority.
You obviously don't live in Pennsylvania. You think the Romanian tax authorities are bad? We have REAL vampires in the Commonwealth when it comes to property taxes.
(Yes, this is completely off-topic but those in the know will know this is no joke)
to make people feel it is as safe as possible - which is a huge component of this, by the way, since people not living in fear of air travel is, in its own right, an important social and economic factor.
Until I ask them what's to stop someone from standing in line with a large rucksack filled with explosives during say, the day before Thanksgiving? How about three people. One in the front of the line, one in the middle and one further back?
I love the look of fear and horror on peoples faces when I pose that question.
But we're safe because they ask for ID and run you through a metal detector, they tell me.
But only after you've been standing in line, I reply.
shining example of the intelligence of people in my party. It's not bad enough we have this yahoo blocking phones to Democratic numbers used for providing people rides to polls on election day, or this putz who embezzled state money, let alone the chimp in charge who has flip-flopped every which way on Iraq, but now this incompetent asshole.
I know that Sandy Berger (just so no one thinks I'm biased) is a real moron but come on, how much lack of intelligence does one have to have to think that they could get away with this?
the vast majority of people drive while on the phone, I don't think I'd want to be on a plane with a pilot who's on his cel phone the whole time.
Oh, you meant the passengers. I'll pass. I really don't need to have an entire flight filled with, "Guess where I'm at! Yeah, it's great! I can finally use my phone to call you from somewhere over [insert country/state/territory/ocean/whatever]. So how are things going? You get that urine problem taken care of."
I'll admit I'm a lightweight when it comes to drinking so on those rare occasions I do drink, I always have a full stomach and limit myself to 2 beers or equivalent of something harder. I'll still be below the.08 threshold but can feel the effects of the alcohol.
As far as the rights issue, what I meant in that case was you'd have some guy who was at or just above the limit but wasn't drunk enough to too visibly intoxicated. So, if a cop would stop them the guy would yell about the cop violating his right to walk where he damn well pleases, the cop shrugs off the guy and then the guy falls into traffic. That's all I meant by that.
Check the organization that allofmp3.com claims has given them the right to do what they are doing. If the organization is legitimate, and has doucmented everything correctly, then the RIAA hasn't a leg to stand on.
If the organization is not legitimate or doesn't have the proper paperwork, the RIAA wins.
Instead of litigating this to death, just show the damn paperwork and prove your point.
Slashdot Mirror
No, it's not. It's called the plain view exception and has been found to be completely constitutional. I refer you to this page from the Justice Department (ok, no snickers) which references Horton v. California, 496 U.S. 128 (1990).
The relevant part is as follows:
How this exception would apply in the current situation will be up for debate but the exception of an officer finding evidence of another crime, while executing a search warrant for a different crime, is fully constitutional. For a further reading of just this subject, see Danny Weitzner's comments with a much more detailed discussion of the plain view exception.
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?
Both my parents and I keep an eye out for abandoned pennies. Walk across a parking and we scan the ground to see if one is lying around. You'd be surprised how many pennies one finds this way. They've thought about putting all these found pennies in a jar and see how much they could collect over time.
Anyway, I took them down to D.C. a year or so ago to visit one of the Smithsonian museums. As my mom is standing on the sidewalk, waiting for me to get out (traffic coming), I notice she walks between the cars and bends down. When I get out of the car I see there is a penny lying in the street.
Only problem is, she can't pick it up. She calls my dad over who also tries to pick it up. The penny has been lying on top of joint sealant which has softened enough that the penny is now held fast to the street unless one has a screwdriver to pry it out.
As I'm standing there watching this, I remark to them, "You know, I'll bet there's a camera somewhere recording this. I'll bet someone put that penny there and is trying to find out how many people are desperate enough to try and pry that penny off the ground. Congrats, you're on Candid Camera!"
Because of the clarity, the folks (mainly women) are having to undergo surgery, use mucho makeup to cover flaws or, in some cases, the studios are using software to soften the images. In other words, there's TOO much clarity and we have to somewhat downgrade the image. Ironic, no?
Not an evolutionary experiment but a bad first design. The being who designed everything used this as a first attempt to join birds and reptiles and failed. Thus, we now have true birds and true reptiles with no overlapping structures.
Yes. In several states, including my own, bars can be held liable if a person leaves their premises while drunk then has an accident which injures or kills someones.
However, the key part is that the bar must have known the person was visibly intoxicated yet continued to serve the person.
How does one prove the person was visibly drunk? That's for the courts to decide.
Of the three, the only one someone has a choice in is purchasing a stick or automatic car.
The remaining have been forced upon people. Try finding a rotary phone in the store or a tv which has a knob (not buttons on the front) to turn channels with.
Um, no. Everyone is getting new pcs and they come with the same keyboard. And no, he's not in data entry. In fact, he only uses one of those keys for one particular purpose when in a mainframe session.
Further, it's not the keypad keys I was talking about. It was the same six keys but in a group to the left of the keypad. On the old keyboard those six were horizontal. On the new keyboard, vertical. In fact, the key he used was one spot to the right of where it was on the old keyboard.
If people can't adapt, that's their problem.
What, you think because someone doesn't like something because it's different we should coddle them?
"Oh my, how do I operate this car now that I don't a stick to shift gears"
"Holy hell! I don't have a dial to turn when I use the phone. How am I going to call someone?"
"What happened to the knob on the tv? How am I going to change the channel?"
I know users can be pretty dense where change is concerned but to say that people would be upset because the phone is a different color is even worse than what I had to go through recently.
I was assigned to replace someone's pc with one of our new ones. After I was done I got a call from him asking if he could have his old keyboard back because the keys on the new one weren't the same. I looked at the old one and compared it to mine (the same type he had). The only difference was the six buttons where Home, PgUp and so forth are located are arranged vertically on the new keyboard compared to horizontally on the old one.
So, to answer this question, it's not the fault of those of us in IT that we have bad attitudes when we have users like the above to deal with.
I know you're trying to be funny but every state has requirements for people who want to run for office. So long as they meet those requirements, anyone can get on the ballot.
However, some states, such as Pennsylvania, have stacked the odds against third party candidates by requiring those candidates to meet higher standards. In Pennsylvania, if you are third party candidate and want to be on the ballot in November (you can't be on the ballot in May), you would need to gather signatures equal to or greater than 2% of the ballots cast for the largest vote-getter in the last statewide election race.
In the most recent election, third party candidates would have needed 67,070 valid signatures to be on the ballot as the highest vote count in the last statewide election was 3.4 million.
Contrast that with the 2,000 signatures that either a Democratic or Republican candidate must gather.
Obviously the answer is to have the legislature change the reqirement but the vast majority of the unwashed masses don't know about the requirement, don't care about the requirement, and are happy enough simply voting straight ticket.
Besides, can you imagine what would happen if it were easier for third party candidates to get on the ballot? Why, there would be competition and choice during an election! We can't have that, now can we?
Normally, it is some form of cereal. Usually the higher in sugar the better. For instance, this morning was Cap'N Crunch with Crunch Berries. But, I also have Honey Nut Cheerios, Honey Nut Crunch'n Oats (two different versions) or whatever cereal is on sale when I go shopping (usually have a coupon too).
However, on weekends I usually make myself a two-egg cheese omelette or on rare occasions, 6-8 slices of french toast.
I always have a glass of juice (grapefruit) and a slice of toast, pop tart or some cake/pie. I'll throw in hash or spam from time to time as well.
I almost never miss breakfast, no matter how early I have to get up (right now around 5 - 5:20 every morning).
A few times a year on my local conservative talk radio show. The host has brings on someone from the labor side when he has the topic of government waste and related matters.
The labor person tries to make the case that it's a good thing that employees, who aren't part of the union, be forced to pay money to the union because of "all the benefits" those employees receive.
Benefits? You mean like getting a 2.5% pay increase maybe every year? What's the rate of inflation? According to this site, throughout almost all of 2006 it was well above 3%. In other words, those wonderful benefits were costing me money.
How about the benefit of not getting any pay increase or COLA for 2 years yet still having to pay union dues (sorry, fair share dues). Great benefits the union got me.
Yes, I took this job. Yes, I am responsible for my own earnings. I plan on moving up one pay level this year which will put me out of reach of unions but that is irrelevant to my comments. Every time you hear someone talk about the benefits of a union, ask them how much their pay increases are and compare it to the rate of inflation. Not such a good thing to be in a union, is it?
Bwahahahaha! Now that's funny. My comment gets modded as offtopic but the two following comments, also offtopic, don't get modded anything.
Yeah, real nice mod system ya got here folks. Let's not fix the mod point system so people who have a brain can mod correctly. Let's just keep things the way they are cause, you know, like Microsft, it's not a bug, it's a feature!
I find that removing the spam from the can and slicing it into ~3/8" thick slices (length wise), placing the pieces in a skillet over medium heat and letting them get nice and brown is the best way to rid of spam. Spam goes great with any breakfast food (except cereal).
I've also had the pleasure (such that it is) of dicing the spam into cubes and mixing it into a noodle casserole and baking for 45 minutes in the oven. The spam is cooked nicely and its fat oozes into the surrounding noodles and sauce.
Oh wait, you meant email spam. Never mind.
In addition to adverstising, they make their money selling their services to other providers and businesses. Google is not merely a link aggregator but more a service provider. Think Apple. Yes, they sell an operating system but they really make their money on the hardware.
Google is actually a very good business and your surprise at them still being in business, well, let's just say I wouldn't give you my money to invest.
Today's battle isn't about 'what brand of computer sits on the desk in your spare room, or even what operating system it runs, it's going to be about who gets to dominate the market for home servers that will control your entertainment, television, telephony, and your home automation system
Rather, it is:
There's a war out there, old friend. A world war. And it's not about who's got the most bullets. It's about who controls the information. What we see and hear, how we work, what we think... it's all about the information!
Considering the chimp-in-chief considers the Constitution a "goddamned piece of paper" while the Attorney General considers it "an outdated document", you don't think he really cares about infringing the rights of citizens, do you?
You obviously don't live in Pennsylvania. You think the Romanian tax authorities are bad? We have REAL vampires in the Commonwealth when it comes to property taxes.
(Yes, this is completely off-topic but those in the know will know this is no joke)
Until I ask them what's to stop someone from standing in line with a large rucksack filled with explosives during say, the day before Thanksgiving? How about three people. One in the front of the line, one in the middle and one further back?
I love the look of fear and horror on peoples faces when I pose that question.
But we're safe because they ask for ID and run you through a metal detector, they tell me.
But only after you've been standing in line, I reply.
Now who's laughing! Mwahahahahahahaha!!!!!
Currenly, we're at "In Progress".
I know that Sandy Berger (just so no one thinks I'm biased) is a real moron but come on, how much lack of intelligence does one have to have to think that they could get away with this?
the vast majority of people drive while on the phone, I don't think I'd want to be on a plane with a pilot who's on his cel phone the whole time.
Oh, you meant the passengers. I'll pass. I really don't need to have an entire flight filled with, "Guess where I'm at! Yeah, it's great! I can finally use my phone to call you from somewhere over [insert country/state/territory/ocean/whatever]. So how are things going? You get that urine problem taken care of."
I'll admit I'm a lightweight when it comes to drinking so on those rare occasions I do drink, I always have a full stomach and limit myself to 2 beers or equivalent of something harder. I'll still be below the .08 threshold but can feel the effects of the alcohol.
As far as the rights issue, what I meant in that case was you'd have some guy who was at or just above the limit but wasn't drunk enough to too visibly intoxicated. So, if a cop would stop them the guy would yell about the cop violating his right to walk where he damn well pleases, the cop shrugs off the guy and then the guy falls into traffic. That's all I meant by that.
Sorry, off by a few centimeters. It's actually located just below his right shoulder blade.
Check the organization that allofmp3.com claims has given them the right to do what they are doing. If the organization is legitimate, and has doucmented everything correctly, then the RIAA hasn't a leg to stand on.
If the organization is not legitimate or doesn't have the proper paperwork, the RIAA wins.
Instead of litigating this to death, just show the damn paperwork and prove your point.