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Tech News Weekly: Edition 48-09
mouser:
Something sounds really fishy about this story.. I find it hard the police would go to this kind of trouble to catch a 20 yr old who might be drinking underage. Seems to me we must be missing part of the story, like maybe they were trying to pressure or catch him doing something else?
Or perhaps this was part of an effort to stop kids at the college from boasting about illegal drinking.
JavaJones:
Lego Matrix rocks. First Else looks intriguing since I'm in the market for a new phone, but the wait will probably be too long. Frankly I'm not finding myself so underwhelmed by what's already out there (Droid) that I *need* to wait. All I'm interested in is seeing what other Android 2.0 devices there are going to be, particularly one that may be higher-powered and thus longer-lived in a performance-relevant way. And until Else can demonstrate a GPS system that rivals what Google has shown with Android 2.0, I'm not sold. I'm also not entirely sure about the largely monochrome and text-heavy UI with glowing theme, though I am generally a fan of minimalist UI...
- Oshyan
Eóin:
I've a somewhat related question- Are police allowed to conduct an undercover investigation of private property without a warrant? For example I know that if you invite an officer into your home they are allowed to use any evidence they happen to see against you, something which they couldn't do so if they entered without your consent without a warrant.
But does inviting a officer pretending to be someone else inside require a warrant on their part? Personally I've no real legal knowledge of this area. I ask because this case seems somewhat like an undercover investigation.
Ehtyar:
It all comes down to who was responsible for initiating the action.
Entrapment is when the authorities provide the person they're charging with the motive and (optionally) the methods to commit the illegal act in question.
-40hz (November 29, 2009, 03:04 PM)
--- End quote ---
Your clarification is much appreciated Hertz Man, it is indeed an important distinction.
But does inviting a officer pretending to be someone else inside require a warrant on their part? Personally I've no real legal knowledge of this area. I ask because this case seems somewhat like an undercover investigation.
-Eóin (November 29, 2009, 04:55 PM)
--- End quote ---
An interesting question.
Ehtyar.
40hz:
I've a somewhat related question- Are police allowed to conduct an undercover investigation of private property without a warrant? For example I know that if you invite an officer into your home they are allowed to use any evidence they happen to see against you, something which they couldn't do so if they entered without your consent without a warrant.
But does inviting a officer pretending to be someone else inside require a warrant on their part? Personally I've no real legal knowledge of this area. I ask because this case seems somewhat like an undercover investigation.
-Eóin (November 29, 2009, 04:55 PM)
--- End quote ---
It revolves around the issue of probable cause, which is one of the trickier (as in "it all depends") areas of law. It's particularly problematic in the USA because laws can vary from State to State. And Federal law adds an additional layer of complexity to the mix. (It often comes as a complete surprise to most US citizens when they discover they have different, and occasionally contradictory, civil rights under federal as opposed to state law.*) Furthermore, social conditions and politics also have a much larger influence on the ways laws get enforced than most people would like to admit. Any legal system reflects the beliefs and concerns of society at large. In times of crisis or change, the legal system can exhibit arbitrary or erratic interpretation and enforcement. Especially at the "street level" where most encounters with the police occur.
While it's always dangerous to make general statements, there's a pretty good video that provides enough basics and recommendations to at least get you thinking about the process and ramifications of being arrested, and how to protect your rights should you find yourself in that unfortunate situation.
When you can spare about 45 minutes, check out the video Busted: the Citizen's Guide to Surviving Police Encounters courtesy of FlexYourRights.org It's up on YouTube for free viewing if you're so inclined.
Link: http://www.youtube.com/watch?v=yqMjMPlXzdA
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*Note: No joke. In 1951, Ethel and Julius Rosenberg were tried and executed by the United States government for espionage.
Although this famous case raises questions on several levels, what is interesting for the purposes of this discussion, is how two people could be sentenced to death by a federal court based on evidence that would not have been sufficient to even file charges against them in a New York State court.
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