Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute Admission of Guilt
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@DustinB3403 said in Miscellaneous Tech News:
how you feel one should be compelled to give up their password is the same that you should be compelled to give me your bank account details.
How you think I said anything related to that is confusing. I never spoke about him giving up his password, only that they didn't need his password since they had his admission already.
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@scottalanmiller said in Miscellaneous Tech News:
I'm saying he self incriminated. Plain and simple. What he is allowed or not allowed to do is a different discussion.
No, he made a statement, he wasn't compelled to say anything, but he chose to tell the officers "We both know what’s on there. It’s only going to hurt me. No fucking way I’m going to give it to you.”
Anything that the police believe to be on there, and force the defendant to provide is compelled speech. As he clearly isn't willfully giving up the password to his encrypted computer system.
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@scottalanmiller said in Miscellaneous Tech News:
Doesn't it? It's proof that he admitted to anything that they say is on there. That's admission. And admission does not require further proof.
So if you make a statement when you get pulled over "No officer, I only drink on days that end in Y" does that mean the officer should be able to charge you with a DWI for every day of the week before he pulled you over?
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@scottalanmiller said in Miscellaneous Tech News:
How you think I said anything related to that is confusing. I never spoke about him giving up his password, only that they didn't need his password since they had his admission already.
It's incriminating to the point that, they have charged him with something and as a defendant he cannot be force to incriminate himself in additional crimes.
It's the DOJ's job to get into the system by breaking the encryption or by the defendant willfully giving up his password.
You're missing the fact that he's been charged with something, the police want to charge him with potential other things that they SUSPECT he's done, but cannot prove with the evidence from his computer.
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@scottalanmiller said in Miscellaneous Tech News:
@bnrstnr said in Miscellaneous Tech News:
@scottalanmiller said in Miscellaneous Tech News:
@DustinB3403 said in Miscellaneous Tech News:
Nothing in that statement is evidence, and if it was it would be self incriminating, so the person isn't compelled to give up that information.
Except he told them that THEY knew what was there. In theory, that statement in a court would mean that the cops could testify as to what evidence was there because he granted as evidence that they knew what the evidence was. Therefore, they are witnesses by his admission. That he gave it up and self incriminated isn't a problem, because he did so voluntarily.
Anything the police claimed they knew was on there because of the suspect's statement would probably be considered hearsay. They don't actually know first hand what's there... Just because the suspect said they know doesn't constitute proof.
Doesn't it? It's proof that he admitted to anything that they say is on there. That's admission. And admission does not require further proof.
No, the defense could claim he meant his Christmas list... it could literally mean anything, he didn't admit to having anything on there. We all know there's drivers and a filesystem, nothing incriminating about that. The defense would ask if the police have been in his computer and seen something incriminating, as soon as they said "well... no," the entirety of their claims would mean nothing.
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@bnrstnr exactly.
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@bnrstnr said in Miscellaneous Tech News:
No, the defense could claim he meant his Christmas list...
Defense can claim anything. It's what he actually said that matters, and what he said is that the cops know. So if the cops say, under oath, that it's child porn, then child porn it is.
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@scottalanmiller said in Miscellaneous Tech News:
@bnrstnr said in Miscellaneous Tech News:
No, the defense could claim he meant his Christmas list...
Defense can claim anything. It's what he actually said that matters, and what he said is that the cops know. So if the cops say, under oath, that it's child porn, then child porn it is.
Did he literally say that he had child pornography on there? I must have missed that part... They still have to prove that it's there.
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@scottalanmiller said in Miscellaneous Tech News:
Defense can claim anything. It's what he actually said that matters, and what he said is that the cops know. So if the cops say, under oath, that it's child porn, then child porn it is.
You're absolutely wrong here.
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@bnrstnr said in Miscellaneous Tech News:
The defense would ask if the police have been in his computer and seen something incriminating, as soon as they said "well... no," the entirety of their claims would mean nothing.
And they'd say "that's irrelevant because we already have established proof from the defendant that they know what is on there, how they know doesn't matter since it is established that they know."
It's like saying you are in the room, but asking someone to prove how they know that you got there. But that doesn't matter, the witness saw you in the room. The question isn't "how did you get here", it's "are you here."
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@bnrstnr said in Miscellaneous Tech News:
@scottalanmiller said in Miscellaneous Tech News:
@bnrstnr said in Miscellaneous Tech News:
No, the defense could claim he meant his Christmas list...
Defense can claim anything. It's what he actually said that matters, and what he said is that the cops know. So if the cops say, under oath, that it's child porn, then child porn it is.
Did he literally say that he had child pornography on there? I must have missed that part... They still have to prove that it's there.
No he didn't he stated.
""We both know what’s on there. It’s only going to hurt me. No fucking way I’m going to give it to you.”
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@DustinB3403 said in Miscellaneous Tech News:
@scottalanmiller said in Miscellaneous Tech News:
Defense can claim anything. It's what he actually said that matters, and what he said is that the cops know. So if the cops say, under oath, that it's child porn, then child porn it is.
You're absolutely wrong here.
Based on what? Your personal belief that the admission of the defendant doesn't matter? You can't just make it up. I'm just using what was said, which was black and white.
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@scottalanmiller said in Miscellaneous Tech News:
@bnrstnr said in Miscellaneous Tech News:
The defense would ask if the police have been in his computer and seen something incriminating, as soon as they said "well... no," the entirety of their claims would mean nothing.
And they'd say "that's irrelevant because we already have established proof from the defendant that they know what is on there, how they know doesn't matter since it is established that they know."
It's like saying you are in the room, but asking someone to prove how they know that you got there. But that doesn't matter, the witness saw you in the room. The question isn't "how did you get here", it's "are you here."
To know is to have empirical evidence of it, they suspect based on the statement of someone they've already charged with a similar crime and are attempting to charge with additional, similar crimes.
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@DustinB3403 said in Miscellaneous Tech News:
@bnrstnr said in Miscellaneous Tech News:
@scottalanmiller said in Miscellaneous Tech News:
@bnrstnr said in Miscellaneous Tech News:
No, the defense could claim he meant his Christmas list...
Defense can claim anything. It's what he actually said that matters, and what he said is that the cops know. So if the cops say, under oath, that it's child porn, then child porn it is.
Did he literally say that he had child pornography on there? I must have missed that part... They still have to prove that it's there.
No he didn't he stated.
""We both know what’s on there. It’s only going to hurt me. No fucking way I’m going to give it to you.”
Which is exactly what I'm using. That he also knows what is on there doesn't matter. That it will hurt him doesn't matter (except it disproves the "its drivers and stuff" theory).
Saying "we both know what is on there" is word for word what he said, and that's all I'm using. The rest is just red herrings.
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@scottalanmiller said in Miscellaneous Tech News:
Based on what? Your personal belief that the admission of the defendant doesn't matter? You can't just make it up. I'm just using what was said, which was black and white.
Which you're clearly wrong because a state supreme court has said, no the defendant doesn't need to give up his password.
FFS
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@DustinB3403 said in Miscellaneous Tech News:
To know is to have empirical evidence of it,
Not in court it is not. Ever.
So your theory is based on a false assumption.
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@DustinB3403 said in Miscellaneous Tech News:
@scottalanmiller said in Miscellaneous Tech News:
Based on what? Your personal belief that the admission of the defendant doesn't matter? You can't just make it up. I'm just using what was said, which was black and white.
Which you're clearly wrong because a state supreme court has said, no the defendant doesn't need to give up his password.
FFS
LOL, what does that have to do with the discussion? I've never said anything related to that, whatsoever.
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@scottalanmiller said in Miscellaneous Tech News:
@DustinB3403 said in Miscellaneous Tech News:
To know is to have empirical evidence of it,
Not in court it is not. Ever.
So your theory is based on a false assumption.
Read the article.
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@DustinB3403 said in Miscellaneous Tech News:
they suspect based on the statement of someone they've already charged with a similar crime and are attempting to charge with additional, similar crimes.
Nope, That's not the case. If you think this, you've missed the point of the discussion.
They don't think, they know in a legal sense because the person in question has admitted to it. That's it. Over and done, the whole thing. Passwords, eye witness, all pointless background noise.
He told the cops that what they thought was on there was, in fact, there. What more is needed to prosecute?
"Sir, we need to go in your house to see if there is evidence of a murder."
"You don't need to come in, we both know that I murdered the guy."
You don't need to see the body or find the weapon, he admitted to the crime.
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@scottalanmiller said in Miscellaneous Tech News:
Saying "we both know what is on there" is word for word what he said, and that's all I'm using. The rest is just red herrings.
"We both know there is an operating system, a file system, random data of go pound sand I'm not going to willfully give you evidence to charge me with more possible crimes based on what's may be on my computer."
