The reason why the police can not search for evidence with out a court order is not because they are not above the law. Because the police are above the law when the law is being broken. That is why they can chase you at high speeds on the freeway and get away with it.
The reason is that it is a violation of the 4th amendment.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
So if Mr. MP3 performs the following act:
4. Is it possible for me to hack his web site and get
that information which can help me to drag that web
site owner for a LAW TRIAL.
And is caught in the act by the authorities at the time and place that the crime is being committed, then yes the police can seize all evidence without a search warrant. At the very least they can detain Mr. MP3 until a warrant is issued.
My suggestion to Mr. pramod is to not hack anybody unless you are willing to pay the price.
/===============================\
| Micky Mimo |
| Systems Specialist |
| (781) 457 - 1317 |
| [EMAIL PROTECTED] |
\===============================/
-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of Martin
Sent: Monday, November 20, 2000 7:19 PM
To: Ryan Reynolds
Cc: [EMAIL PROTECTED]; Michael T. Babcock; [EMAIL PROTECTED]
Subject: Re: MP3 Files downloadble sites
Ryan Reynolds wrote:
> Perhaps a bit more clarity would be in order here, as common sense
> doesn't seem to be prevailing here.
>
> I do not claim to be a lawyer, but I believe there are rules of
> evidence. In *most* cases, evidence that is obtained illegally is not
> admissable in court. So, not only would you get charged (and most
> likely convicted) for said "hack", the person posting these fabled mp3's
> would get off scott free.
Nope. The rules of evidence only apply to things that the police (or
similar) do. Evidence collected by a private citizen is admissable in
court. HOWEVER, you can (and probably will) be charged for any crimes
you commit while gathering this evidence. You might get off, you might not.
Mind you, I am not a Lawyer either, but that's how it's supposed to
work. The premise is that the police already have plenty of power, and
they're intended to be incorruptible (we all know how that goes, but
never mind.) If you make it so that they are not above the law, it makes
it harder for them to commit crimes, plant evidence, et cetera.
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