Sounds like the best choice of action. As the suspect is not cooperating when it comes to such a fragile subject.
Sounds like the best choice of action. As the suspect is not cooperating when it comes to such a fragile subject.
FOMO: "Fear Of Missing Out", also commonly known as people with a mental issue of managing time and activities, many expecting others to fit into their schedule so they don't miss out on things to come. If FOMO becomes a problem for you, do seek help, it can be a very unhealthy lifestyle..
His 5th Amendment Rights are not being violated. This is not a request to self incriminate. There may be nothing on those harddrives. But by refusing to grant court ordered access to potential evidence in a lawful search and seizure request, he is in contempt of court and being held as such until he complies.
Think of the hard drive as a safe with documents inside of it. The defendant is the only one who has the key but he refuses to turn it over despite being lawfully required to do so. He is, for all intents and purposes, impeding the investigation.
The reason you can be jailed indefinitely for contempt, is it is the most effective way to force the person to rectify the situation. You will also see people that owe back child support jailed indefinitely until the amount ordered by the court is paid because they are considered in contempt for not paying the proper amount of support.
What? Debtors prison doesn't work, England tried that.
OT - I was always under the assumption passwords were protected by the 5th. Regardless of what's on the drives, it's for the prosecution to prove he has child porn.
From what I've read of the case, they don't have enough for a charge. Holding him indefinitely creates a precedent that allows anyone to be held indefinitely, for no reason.
The whole, he holds the key to his release argument is a smoke screen; the problem isn't that he can leave just by giving his password, the problem is he shouldn't have been held to begin with.
Well, not exactly. They have to provide a search warrant in order to obtain unrestricted access to your property.
However, if the police turn up at your door and request access, then you can by all means grant them access without the need for a warrant.
This is the whole point of my argument.
If the police turn up at my door and explain to me that I'm under suspicion of possessing child porn, then fuck yeah I'm letting them in so that I can clear my name.
If the police turn up at my door with a warrant, I'm not going to try and obstruct them unless I'm guilty of something.
Essentially, the police have obtained a warrant to search this guy's computer. They can't search his computer, however, as the suspect is not granting them access.
It's obstruction.
Not in my country.
There's a dude in my area with a conviction for having badly drawn pictures of Bart plowing Lisa. Which is scarey because you can have a picture of Bart plowing Lisa flashing in a banner advert for any one of thousands of otherwise innocent hentai or cartoon porn sites. They find that shit in your cache --> sex offender.
Drawing or not. People who collect sexually explicit Loli drawings deserve jail just as much as people with photos and videos.
I don't give two shits whether it's 'real' or not. If you get enjoyment out of looking at that kind of shit you're as fucking sick as your standard garden variety paedophile.
The slippery slope of this line of thinking is if they show up and say they are looking for xyz and you let them in; and they find something else, they can charge you with what they found.
If they show up with a search warrant and say we are looking for xyz and it's documented on this piece of paper from the court, than their search can only encompass xyz. If they happen to find abc during their search, the legality of that evidence against you is called into question.
And I don't mean all of this to be distrustful of the police, I'm not. But if they truly have "evidence" to link you to a crime, they should be able to get a search warrant without issue.
There have been plenty of cases in the US of no-knock raids on homes in the middle of the night, just to find out that the home owners were falsely accused. From here-say they still had enough evidence to get a no-knock warrant which is way more extreme than a normal search warrant.
Last edited by McFuu; 2016-04-28 at 01:16 PM.
Former PD sergeant with likely kiddie porn on his computer, who likely had the resources to get away with what he was doing for years.
Sympathy Level: 0
He is being held on charges of "contempt of court", for not following a Judges orders.
'Twas a cutlass swipe or an ounce of lead
Or a yawing hole in a battered head
And the scuppers clogged with rotting red
And there they lay I damn me eyes
All lookouts clapped on Paradise
All souls bound just contrarywise, yo ho ho and a bottle of rum!