tag:blogger.com,1999:blog-8597101.post116549798641225981..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: Slippery slopes: Warrantless tactics used for child molesters now applied to misdemeanorsGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-8597101.post-54576848693931032992010-11-04T00:00:47.394-05:002010-11-04T00:00:47.394-05:00Sigh. If I could bring myself to comment on the T...Sigh. If I could bring myself to comment on the TDCAA forum, I'd say this:<br /><br />"Remember when we took that oath to seek justice? That means charging the crime we have, not the crime we think the suspect deserves. If you don't have enough for arson, you charge criminal mischief. You don't look for ways to make it in to an arson charge, because the jury will not buy it and you will (rightly) lose the case."<br /><br />That said, caveat emptor for who people friend on MySpace or Facebook or whatever. What you knowingly expose to the public (and the entire Internet is public, even if your profile is set to private) you lose your legitimate expectation of privacy in, and I see nothing wrong (in a constitutional dimension) with police using deception to gain admissions from suspects.<br /><br />-Ethical ProsecutorAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-76806253931132638162007-09-25T21:37:00.000-05:002007-09-25T21:37:00.000-05:00As our nation moves farther away from the Bill of ...As our nation moves farther away from the Bill of Rights and the common sense restrictions placed on police by the Warren Court we see more and more sloppy police work. Sadly, that fact is coming back to haunt law enforcement. Four police officers killed in Texas over the past several weeks. One wonders, were these tragedies simply mean felons who murdered or were they reactions from people who thought: "I'm mad as hell and I'm not going to take this anymore?"Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-41405723349944898912007-06-20T21:01:00.000-05:002007-06-20T21:01:00.000-05:00I mourn the death of two dear friends, common sens...I mourn the death of two dear friends, common sense and reason.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1165941641385690982006-12-12T10:40:00.000-06:002006-12-12T10:40:00.000-06:00Texas mommy,So using your mind set , our kids who ...Texas mommy,<BR/><BR/>So using your mind set , our kids who are victimized and molested by false pretences, as well as found guilty for petty crimes. ARE EQUALLY AT FAULT??? They both fell prey to being trusting, but one is ok because the good guys done it, right??? Are ALL our young suppose to be safeguarded against deceitful predators , what happens to those who are violated and found to be innocent does the legal perpetrator have any liabilities for their actions???<BR/><BR/>So child molesters and LEO have no blame in their “ EQUAL “ tactics??? Or is it child molesters are guilty because they prey on our young, and LEO isn't because they “ LIE “ to our young ASSUMING they made a mistake. Tell me again how this builds respect and trust in adults and LEO in these kids minds??? But the fact LEO is doing their job, the harm done to our young isn't any problem, they brought it on themselves, right!<BR/><BR/>I have two problems with this. First deceit is deceit regardless of who uses it or justifies it! That used to be what made the good guys different from the bad guys! Second our young are not to be held the same EXPECTED standards and means of protecting themselves, that it took adults YEARS TO DEVELOPE!!!<BR/>Things are not as easy as they appear!!! These kids who brag about their misdeeds can easily be taken down with out sacrificing the honor and respect of US ALL , by good honest police work instead deceitful short cuts! IMHO!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1165610983749949382006-12-08T14:49:00.000-06:002006-12-08T14:49:00.000-06:00You don't need a search warrant to use an informan...You don't need a search warrant to use an informant, or to use information gained by a friend or an acquaintence who then decides to turn the bad actor in for money or some other benefit. In out on the street instances we would just say, "hmm, should have chosen your friends wiser." Or becareful who you trust. I look at this just like these guys/kids are standing on the street. If the kid chooses to let ANYONE into their private space without verifying who they are then the kid runs the risk of being discovered.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1165593944618198022006-12-08T10:05:00.000-06:002006-12-08T10:05:00.000-06:00But Mike, aren't they asking to become a "friend" ...But Mike, aren't they asking to become a "friend" under false pretenses? You write:<BR/><BR/>"so if he/she lets in the investigator, it's consent to search"<BR/><BR/>But people consenting to searches KNOW they're giving consent to police. That's not the case here.<BR/><BR/>The investigator is pretending to be the child's friend, but actually gathering evidence aiming to prosecute them. That's not their "friend;" it's a legal foe in an adversarial court system misleading a child to access private information. IMO, unless the would-be "friend" discloses they're a police officer, they would be misrepresenting themselves under these circumstances. <BR/><BR/>My question: why all the skullduggery? We have a process for this. Why not just get a search warrant?Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1165593154785948152006-12-08T09:52:00.000-06:002006-12-08T09:52:00.000-06:00Overzealous prosecution, perhaps, but I don't thin...Overzealous prosecution, perhaps, but I don't think an investigator asking to be a MySpace user's friend, and then using info found within their profile as evidence would be a violation of the 4th amendment. <BR/><BR/>I guess it does pose an interesting question about the reasonable expectation to privacy in a so-called "private" profile on the very public world-wide web. But regardless, the MySpace user has the right to keep out whoever he/she desires (similar to the way the front door of one's house operates), so if he/she lets in the investigator, it's consent to search, I would think. <BR/><BR/>If the investigator poses as a kid, it may be devious, but the kid shouldn't let a stranger be his/her friend. On the other hand, if the investigator disguises himself as one of the kid's real-life friends to get in, it may be another story.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1165528920707328932006-12-07T16:02:00.000-06:002006-12-07T16:02:00.000-06:00We have rights in the United States?We have rights in the United States?Chiphttps://www.blogger.com/profile/10867864936007401010noreply@blogger.com