x404.co.uk http://www.x404.co.uk/forum/ |
|
FBI Must Return Kim Dotcom’s Illegally Seized Property http://www.x404.co.uk/forum/viewtopic.php?f=19&t=19073 |
Page 1 of 1 |
Author: | Amnesia10 [ Fri May 31, 2013 1:10 pm ] | |||||||||
Post subject: | FBI Must Return Kim Dotcom’s Illegally Seized Property | |||||||||
FBI Must Return Kim Dotcom’s Illegally Seized Property
|
Author: | belchingmatt [ Fri May 31, 2013 6:20 pm ] | |||||||||
Post subject: | Re: FBI Must Return Kim Dotcom’s Illegally Seized Property | |||||||||
If it was illegally seized how can they keep any of it? And would the FBI really give up the drives they were sent and not keep the contents elsewhere. |
Author: | Amnesia10 [ Fri May 31, 2013 7:34 pm ] | ||||||||||||||||||
Post subject: | FBI Must Return Kim Dotcom’s Illegally Seized Property | ||||||||||||||||||
It could open up the possibility of the New Zealand Police being financially liable if the FBI do not return the property. Sent from my iPad using Tapatalk. |
Author: | JJW009 [ Fri May 31, 2013 7:37 pm ] |
Post subject: | Re: FBI Must Return Kim Dotcom’s Illegally Seized Property |
To paraphrase slightly, "Team America says, F You!" |
Author: | Amnesia10 [ Fri May 31, 2013 10:15 pm ] | |||||||||
Post subject: | Re: FBI Must Return Kim Dotcom’s Illegally Seized Property | |||||||||
I suspect that will be the response. Sort of leaves the New Zealand police in deep doo doo legally. |
Author: | l3v1ck [ Sat Jun 01, 2013 6:56 am ] |
Post subject: | Re: FBI Must Return Kim Dotcom’s Illegally Seized Property |
I'm pretty sure the FBI will give that judgement the middle finger. |
Author: | bobbdobbs [ Sat Jun 01, 2013 11:53 am ] |
Post subject: | Re: FBI Must Return Kim Dotcom’s Illegally Seized Property |
so the evidence was obtained illegally.. mm even if they extradited him, sounds like the court case would eventually get thrown out of court (in the USA) due to inadmissible evidence. |
Author: | jonbwfc [ Sat Jun 01, 2013 2:18 pm ] | |||||||||
Post subject: | Re: FBI Must Return Kim Dotcom’s Illegally Seized Property | |||||||||
The key word in that is 'eventually'. They will extradite him, leave him to rot in jail for about three years while stymieing the legal process at every stage to try to keep him there, then when he comes to trial they will ask for a ludicrous punishment (e.g. 25 years in gaol) in an attempt to plea-bargain down to a slightly less ludicrous punishment (e.g. 10 years on gaol). His lawyers will refuse (if they have an ounce of sense, which isn't actually guaranteed) and his trial will drag on for about another year or two and eventually be thrown out. He will then be put back on the first available plane to NZ in handcuffs and find himself back in his home country with his life in pieces all around him, even though he's never been convicted of anything. If I was him, I'd be fighting extradition like a cornered alley-cat as well. The Americans have a legal system. They do not have a justice system, as much as they may protest otherwise. We're not much better mind. Jon |
Author: | Amnesia10 [ Sat Jun 01, 2013 8:00 pm ] |
Post subject: | Re: FBI Must Return Kim Dotcom’s Illegally Seized Property |
What seems interesting is that the FBI are more than happy to protect the entertainment industry over the rights of individuals every day. |
Author: | ShockWaffle [ Sun Jun 02, 2013 12:20 am ] |
Post subject: | Re: FBI Must Return Kim Dotcom’s Illegally Seized Property |
As the product of an illegal search (see the 4th amendment to the US constitution), the evidence is inadmissible in a US court. If they retain it in order to get clues leading to some other evidence that is not illegally seized, that other evidence would be Fruit of the Poisonous Tree, and therefore equally inadmissible. I'm not sure if holding the actual evidence would violate Due Process (it being a copy of the property rather than the property itself), but it would be a pretty reckless gamble on the FBI's part to just ignore this order. So if the Feds don't comply with the order, they would be undermining any future case. Any vaguely competent defence lawyer would have him sprung pretty quickly. |
Page 1 of 1 | All times are UTC |
Powered by phpBB® Forum Software © phpBB Group https://www.phpbb.com/ |