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Originally Posted by Hio Exactly, since the EnCase software they use directly bypasses any login screen there is noway to tell whether the computer was locked or not, if it was so locked with a password then all things found on that hard drive wil lb tossed out of court. | That's such a cop-out on the part of the police that it isn't even funny. A ridiculous abuse of power.
It's like saying, "Well, I found out the drawer was locked later, but I didn't know that at the time because I didn't try to open it the normal way. I took the desk apart to see the contents of the drawer instead."
Or, "I didn't know the door was locked because I took the hinges off the door and that's how I gained access."
This case should be thrown out based on their abuse of power. Hopefully the police find a LEGITIMATE way to bust the guy.
And if the father has any sense, he'll throw the guy out of his house if he hasn't gone already.
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Also from the article: It's as if the police entered the defendant's room with x-ray specs on and searched his bureau, closet and footlocker without needing to even ask his father whether these things were private or shared.
The Supreme Court expressly disavowed this technique in Kyllo v. United States, where it held that "obtaining by sense-enhancing technology any information regarding the interior of the home that could not otherwise have been obtained without physical 'intrusion into a constitutionally protected area,' constitutes a search -- at least where ... the technology in question is not in general public use." (And I'm impressed by the article's thoroughness...) "(Gay marriage) is a debate about whether you think gay people are part of the human condition or just a random fetish."
-- Jon Stewart
"Please don't judge others by your own standards."
-- Garysher
Last edited by foundit66; 05-23-2007 at 04:30 PM.
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