Poll

Should illegally obtained evidence be allowed in court?

Yes27%27% - 19
No72%72% - 51
Total: 70
lowing
Banned
+1,662|6942|USA

Varegg wrote:

lowing wrote:

Varegg wrote:

The "jumping off point" as you call it is the illegal wire tap in this case, you can conduct much investigation without a warrant ... stake outs etc etc, good old police work ... you don't need a warrant for that ...
but you need a reason, probable cause to spy on people. That cause has been stripped away as illegal. Am I right or wrong on this?
Okidoki ...

The difference here lowing is that you can't use the wire tap in court, that doesn't mean you on basis of the wire tap can't investigate further and obtain new legally investigated evidence that again may lead to a legally obtained wire tap ...

The police do not have to get a warrant to investigate people ...
Ok, that answers my question. Now we have come to a scary crossroads. How do you investigate, eavesdrop, conduct survailance, IE gather evidence, if you can not gather this evidence without probable cause? Is this a chicken or egg kinda thing?

I will also ask, what is the moral or legal difference for you between listening in on someone in case they SAY something, or watching them and following them in case they DO something

Last edited by lowing (2010-01-07 07:47:52)

Dilbert_X
The X stands for
+1,817|6397|eXtreme to the maX

FEOS wrote:

Don't know if there is a similar legal doctrine in other countries. Based on what Dilbert has said, I'm guessing not in the UK?
Not sure TBH, if it got to court no doubt the original illegal wiretap would be revealed in which case ALL the evidence stemming from that would be thrown out.
In practise the Police would try to find some other peg to hang a warrant on, known associate of an existing suspect being an obvious route, legitimise everything from there and 'forget' the illegal wiretap.

All of this is why the Police and intel services are so keen to keep their methods secret from court and defence lawyers, and to be able to arrest and hold people without evidence or charge.
Fuck Israel
Dilbert_X
The X stands for
+1,817|6397|eXtreme to the maX

lowing wrote:

Ok, that answers my question. Now we have come to a scary crossroads. How do you investigate, eavesdrop, conduct survailance, IE gather evidence, if you can not gather this evidence without probable cause? Is this a chicken or egg kinda thing?
Its done already, all your telephone calls and emails are monitored for keywords, no doubt it goes further than that.
Fuck Israel
cpt.fass1
The Cap'n Can Make it Hap'n
+329|6987|NJ
Well first off the law enforcement officials should be laid off for violation.

If they did find something about the illegal wire tap and had law full evidence pointing to these people the case would probably be thrown out of court.

Also since this is your scenario, did the people actually kill the person?

Just FYI on the Dexter thing, I think the showtime website puts them up for viewing and you only have to watch a few commericals.

Last edited by cpt.fass1 (2010-01-07 15:22:33)

FEOS
Bellicose Yankee Air Pirate
+1,182|6702|'Murka

Dilbert_X wrote:

lowing wrote:

Ok, that answers my question. Now we have come to a scary crossroads. How do you investigate, eavesdrop, conduct survailance, IE gather evidence, if you can not gather this evidence without probable cause? Is this a chicken or egg kinda thing?
Its done already, all your telephone calls and emails are monitored for keywords, no doubt it goes further than that.
No. They're not. Seriously...you need to actually read US Code before you start spouting off about this stuff.
“Everybody is a genius. But if you judge a fish by its ability to climb a tree, it will live its whole life believing that it is stupid.”
― Albert Einstein

Doing the popular thing is not always right. Doing the right thing is not always popular
Varegg
Support fanatic :-)
+2,206|7101|Nårvei

lowing wrote:

Varegg wrote:

lowing wrote:


but you need a reason, probable cause to spy on people. That cause has been stripped away as illegal. Am I right or wrong on this?
Okidoki ...

The difference here lowing is that you can't use the wire tap in court, that doesn't mean you on basis of the wire tap can't investigate further and obtain new legally investigated evidence that again may lead to a legally obtained wire tap ...

The police do not have to get a warrant to investigate people ...
Ok, that answers my question. Now we have come to a scary crossroads. How do you investigate, eavesdrop, conduct survailance, IE gather evidence, if you can not gather this evidence without probable cause? Is this a chicken or egg kinda thing?

I will also ask, what is the moral or legal difference for you between listening in on someone in case they SAY something, or watching them and following them in case they DO something
To turn that around lowing ... how ever did they investigate before we got phones and email?

It takes "less cause" to perform a stake out than it does to do a wire tap ... many investigations are also initiated after getting tips from the public.

If the police chose to follow someone and use their resourses like that it's seldom because "if" but rather "when" the subject will do something criminal ...
Wait behind the line ..............................................................
lowing
Banned
+1,662|6942|USA

Varegg wrote:

lowing wrote:

Varegg wrote:


Okidoki ...

The difference here lowing is that you can't use the wire tap in court, that doesn't mean you on basis of the wire tap can't investigate further and obtain new legally investigated evidence that again may lead to a legally obtained wire tap ...

The police do not have to get a warrant to investigate people ...
Ok, that answers my question. Now we have come to a scary crossroads. How do you investigate, eavesdrop, conduct survailance, IE gather evidence, if you can not gather this evidence without probable cause? Is this a chicken or egg kinda thing?

I will also ask, what is the moral or legal difference for you between listening in on someone in case they SAY something, or watching them and following them in case they DO something
To turn that around lowing ... how ever did they investigate before we got phones and email?

It takes "less cause" to perform a stake out than it does to do a wire tap ... many investigations are also initiated after getting tips from the public.

If the police chose to follow someone and use their resourses like that it's seldom because "if" but rather "when" the subject will do something criminal ...
I am askin' becasue I have no idea. So the cops can basically spy on anyone without any reason whatsoever short of listening in on their conversations?
Dilbert_X
The X stands for
+1,817|6397|eXtreme to the maX
The trouble is pretty well everyone does something a bit dubious, or at least they wouldn't want their wife, kids or employer to find out about.
Which is why the Police aren't supposed to trawl through your private life without a reason.
Fuck Israel
lowing
Banned
+1,662|6942|USA

Dilbert_X wrote:

The trouble is pretty well everyone does something a bit dubious, or at least they wouldn't want their wife, kids or employer to find out about.
Which is why the Police aren't supposed to trawl through your private life without a reason.
Well then this brings me back to the OP. If you remove the probable cause in the illegal tap, then they cops have no legal reason to put the 2 guys under surveillance, leaving them free to do as they pleased, until they get caught after the fact. Right?
AussieReaper
( ͡° ͜ʖ ͡°)
+5,761|6444|what

I think I see where you're confused, lowing. The probable cause isn't the reason the wire tap is illegal. And the probably cause isn't lost without that tap in place.

The fact the police didn't follow procedure, seek a warrant, etc is what makes it an illegal tap.

We're not saying their is no probable cause.
https://i.imgur.com/maVpUMN.png
lowing
Banned
+1,662|6942|USA

AussieReaper wrote:

I think I see where you're confused, lowing. The probable cause isn't the reason the wire tap is illegal. And the probably cause isn't lost without that tap in place.

The fact the police didn't follow procedure, seek a warrant, etc is what makes it an illegal tap.

We're not saying their is no probable cause.
got it, following you now.
cpt.fass1
The Cap'n Can Make it Hap'n
+329|6987|NJ
I just want to know if the two people talking about it actually did it?

I know people who have probably had 10-15 people state that they've wanted to kill. So if that person ends up dead, would all those people be liable. In this scenario all these people did was commit a thought crime which I'm willing to say at least 90% of the population have done..
FEOS
Bellicose Yankee Air Pirate
+1,182|6702|'Murka

cpt.fass1 wrote:

I just want to know if the two people talking about it actually did it?

I know people who have probably had 10-15 people state that they've wanted to kill. So if that person ends up dead, would all those people be liable. In this scenario all these people did was commit a thought crime which I'm willing to say at least 90% of the population have done..
And therein lies the problem with only having the wiretap as the evidence. It's purely circumstantial, even if it were deemed admissible. If there were separate physical evidence linking the defendants to the crime, then the wiretap is moot.
“Everybody is a genius. But if you judge a fish by its ability to climb a tree, it will live its whole life believing that it is stupid.”
― Albert Einstein

Doing the popular thing is not always right. Doing the right thing is not always popular
cpt.fass1
The Cap'n Can Make it Hap'n
+329|6987|NJ

FEOS wrote:

cpt.fass1 wrote:

I just want to know if the two people talking about it actually did it?

I know people who have probably had 10-15 people state that they've wanted to kill. So if that person ends up dead, would all those people be liable. In this scenario all these people did was commit a thought crime which I'm willing to say at least 90% of the population have done..
And therein lies the problem with only having the wiretap as the evidence. It's purely circumstantial, even if it were deemed admissible. If there were separate physical evidence linking the defendants to the crime, then the wiretap is moot.
I'm actually hopeing that he comes back with this and gives us a link to were it actually happened. But the wiretap is actually counterproductive in this country, because if the defandants attorney finds out about it the whole case would probably be thrown out.
Bertster7
Confused Pothead
+1,101|6872|SE London

No. Shouldn't be allowed in court. Should be used as a start point for a proper investigation to obtain proper evidence.

It's not like you need warrants to investigate stuff.

Last edited by Bertster7 (2010-01-08 10:44:58)

Uzique
dasein.
+2,865|6761
only military courts for matters of high-importance relating to state security... utilitarian style
libertarian benefit collector - anti-academic super-intellectual. http://mixlr.com/the-little-phrase/
Bertster7
Confused Pothead
+1,101|6872|SE London

FEOS wrote:

Dilbert_X wrote:

lowing wrote:

Ok, that answers my question. Now we have come to a scary crossroads. How do you investigate, eavesdrop, conduct survailance, IE gather evidence, if you can not gather this evidence without probable cause? Is this a chicken or egg kinda thing?
Its done already, all your telephone calls and emails are monitored for keywords, no doubt it goes further than that.
No. They're not. Seriously...you need to actually read US Code before you start spouting off about this stuff.
Most phone calls are scanned for keywords by the the UK-USA group. Read the report to the European Parliament on Echelon.

This is not concrete - but it's quite a way from being conspiracy theory "nutter" stuff. There is a lot of evidence floating around to suggest this network is used to indiscriminately scan all (most - the network is not estimated to have complete coverage of all telecoms globally, but it is estimated to be capable of intercepting a very high proportion of them) communications for keywords. There are even allegations (quite well substantiated ones) it has been used by the CIA for industrial espionage.

It almost certainly happens and there are lots of convenient little legal loopholes to allow it to do so.

Last edited by Bertster7 (2010-01-08 11:06:50)

KEN-JENNINGS
I am all that is MOD!
+2,983|6923|949

I hate hypotheticals.  They always end up with someone dying
ruisleipa
Member
+149|6513|teh FIN-land

Dilbert_X wrote:

Its done already, all your telephone calls and emails are monitored for keywords, no doubt it goes further than that.
where is that? I've heard that rumour and tbh I reckon its bollocks.
Bertster7
Confused Pothead
+1,101|6872|SE London

ruisleipa wrote:

Dilbert_X wrote:

Its done already, all your telephone calls and emails are monitored for keywords, no doubt it goes further than that.
where is that? I've heard that rumour and tbh I reckon its bollocks.
Virtually everywhere. Big network run by the UK, US, Canada, Australia and New Zealand. Has virtually complete global coverage and scans all phone calls they can intercept for keywords (allegedly).
FEOS
Bellicose Yankee Air Pirate
+1,182|6702|'Murka

Bertster7 wrote:

FEOS wrote:

Dilbert_X wrote:


Its done already, all your telephone calls and emails are monitored for keywords, no doubt it goes further than that.
No. They're not. Seriously...you need to actually read US Code before you start spouting off about this stuff.
Most phone calls are scanned for keywords by the the UK-USA group. Read the report to the European Parliament on Echelon.

This is not concrete - but it's quite a way from being conspiracy theory "nutter" stuff. There is a lot of evidence floating around to suggest this network is used to indiscriminately scan all (most - the network is not estimated to have complete coverage of all telecoms globally, but it is estimated to be capable of intercepting a very high proportion of them) communications for keywords. There are even allegations (quite well substantiated ones) it has been used by the CIA for industrial espionage.

It almost certainly happens and there are lots of convenient little legal loopholes to allow it to do so.
It is most certainly conspiracy nutter stuff. The ability to "vacuum cleaner" bits and bytes is hardly cosmic. The ability to analyze it in any meaningful way certainly is. That's why yours and mine isn't (not to mention laws that prevent that without probable cause and warrants absent specific circumstances). That's why I said he needed to read US Code before spouting off about it. Apparently, you and those who wrote that report need to, as well. I fully realize domestic eavesdropping laws in the UK (and presumably AUS and NZ) are different than in the US. But I've got a damn solid handle on the limits of what they are in the US, as I have to read them and be tested on the annually.
“Everybody is a genius. But if you judge a fish by its ability to climb a tree, it will live its whole life believing that it is stupid.”
― Albert Einstein

Doing the popular thing is not always right. Doing the right thing is not always popular
Dilbert_X
The X stands for
+1,817|6397|eXtreme to the maX

lowing wrote:

Dilbert_X wrote:

The trouble is pretty well everyone does something a bit dubious, or at least they wouldn't want their wife, kids or employer to find out about.
Which is why the Police aren't supposed to trawl through your private life without a reason.
Well then this brings me back to the OP. If you remove the probable cause in the illegal tap, then they cops have no legal reason to put the 2 guys under surveillance, leaving them free to do as they pleased, until they get caught after the fact. Right?
As I said already, in practise the Police would try to find some other peg to hang a warrant on, known associate of an existing suspect being an obvious route, legitimise everything from there and 'forget' the illegal wiretap.
Still not always easy to do.
Fuck Israel
Harmor
Error_Name_Not_Found
+605|6839|San Diego, CA, USA
Well looky here:

Judge tosses out most evidence on Gitmo detainee

(via. http://www.michaelsavage.wnd.com/)

When you try terrorists who are enemy combatants in civilian count this is what happens...

/facepalm
Bertster7
Confused Pothead
+1,101|6872|SE London

FEOS wrote:

Bertster7 wrote:

FEOS wrote:


No. They're not. Seriously...you need to actually read US Code before you start spouting off about this stuff.
Most phone calls are scanned for keywords by the the UK-USA group. Read the report to the European Parliament on Echelon.

This is not concrete - but it's quite a way from being conspiracy theory "nutter" stuff. There is a lot of evidence floating around to suggest this network is used to indiscriminately scan all (most - the network is not estimated to have complete coverage of all telecoms globally, but it is estimated to be capable of intercepting a very high proportion of them) communications for keywords. There are even allegations (quite well substantiated ones) it has been used by the CIA for industrial espionage.

It almost certainly happens and there are lots of convenient little legal loopholes to allow it to do so.
It is most certainly conspiracy nutter stuff. The ability to "vacuum cleaner" bits and bytes is hardly cosmic. The ability to analyze it in any meaningful way certainly is. That's why yours and mine isn't (not to mention laws that prevent that without probable cause and warrants absent specific circumstances). That's why I said he needed to read US Code before spouting off about it. Apparently, you and those who wrote that report need to, as well. I fully realize domestic eavesdropping laws in the UK (and presumably AUS and NZ) are different than in the US. But I've got a damn solid handle on the limits of what they are in the US, as I have to read them and be tested on the annually.
Analysing it in any meaningful way is not what he said - he said looking for keywords, which is quite possible.

As for the legal aspect, you need to look at how the loopholes work. It's not illegal for UK based signals analysts to do this to US residents and vice-versa. With intelligence sharing agreements this gives nice workarounds for governments to gain access to all sorts of stuff in a manner that, whilst not admissable in court, is technically not illegal for them to obtain.

I've done some work in signals analysis (few months in the summer back when I was at uni studying that sort of stuff). I have a fairly good idea of what is practical to obtain and not. Scanning telecoms traffic for keywords is quite straightforward. With an intercept network that is estimated to cover most of the worlds comms it can be done .

As for laws governing international communications monitoring, they're not at all the same as domestic ones.
FEOS
Bellicose Yankee Air Pirate
+1,182|6702|'Murka

Bertster7 wrote:

FEOS wrote:

Bertster7 wrote:

Most phone calls are scanned for keywords by the the UK-USA group. Read the report to the European Parliament on Echelon.

This is not concrete - but it's quite a way from being conspiracy theory "nutter" stuff. There is a lot of evidence floating around to suggest this network is used to indiscriminately scan all (most - the network is not estimated to have complete coverage of all telecoms globally, but it is estimated to be capable of intercepting a very high proportion of them) communications for keywords. There are even allegations (quite well substantiated ones) it has been used by the CIA for industrial espionage.

It almost certainly happens and there are lots of convenient little legal loopholes to allow it to do so.
It is most certainly conspiracy nutter stuff. The ability to "vacuum cleaner" bits and bytes is hardly cosmic. The ability to analyze it in any meaningful way certainly is. That's why yours and mine isn't (not to mention laws that prevent that without probable cause and warrants absent specific circumstances). That's why I said he needed to read US Code before spouting off about it. Apparently, you and those who wrote that report need to, as well. I fully realize domestic eavesdropping laws in the UK (and presumably AUS and NZ) are different than in the US. But I've got a damn solid handle on the limits of what they are in the US, as I have to read them and be tested on the annually.
Analysing it in any meaningful way is not what he said - he said looking for keywords, which is quite possible.
Looking for keywords IS analysis, Bert. It takes CPU time and analyst time that could be spent elsewhere.

I never said it isn't possible. I said it isn't feasible.

Bertster7 wrote:

As for the legal aspect, you need to look at how the loopholes work. It's not illegal for UK based signals analysts to do this to US residents and vice-versa. With intelligence sharing agreements this gives nice workarounds for governments to gain access to all sorts of stuff in a manner that, whilst not admissable in court, is technically not illegal for them to obtain.
It's not technically illegal for the UK to obtain, but it is for the US to obtain. There's not a "nice workaround". If it's on a "US person" as defined in USC 50, then it's verboten without a warrant or specific circumstances (essentially a warrant at that point)...regardless, the intel community then has to turn it over to law enforcement once they realize they have something on a US person. That's the way it works.

Bertster7 wrote:

I've done some work in signals analysis (few months in the summer back when I was at uni studying that sort of stuff). I have a fairly good idea of what is practical to obtain and not. Scanning telecoms traffic for keywords is quite straightforward. With an intercept network that is estimated to cover most of the worlds comms it can be done .
So have I. Never said it was difficult.

Bertster7 wrote:

As for laws governing international communications monitoring, they're not at all the same as domestic ones.
Of course not. Our laws are concerned about protecting the civil liberties of our citizens, not those of other countries...otherwise, our intelligence services wouldn't be able to do their jobs, now would they? I would suppose the same applies in other countries as well.
“Everybody is a genius. But if you judge a fish by its ability to climb a tree, it will live its whole life believing that it is stupid.”
― Albert Einstein

Doing the popular thing is not always right. Doing the right thing is not always popular

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