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I get that this isn't 100% proof it's in there, but how intrusive is it to have a cop knock on the door, step inside (even with eyes closed, so as not to intrud
by gnicholas 4y ago
I get that this isn't 100% proof it's in there, but how intrusive is it to have a cop knock on the door, step inside (even with eyes closed, so as not to intrude on the occupant's privacy), and have the owner of the laptop trigger the sound? If it's a modest sized home you'd only have to do that from one room, and if it's larger maybe you'd trigger a sound with someone listening from a couple locations.
The absence of certain guilt doesn't mean there's not enough evidence for any investigation whatsoever. That's what probably cause and search warrants (or even less, in this case) are for.
- cf100clunk 4y agoThere are constitutional proscriptions on police entering a Canadian household. A cop cannot just enter in the manner you've suggested.
- bombcar 4y agoAnd in the US there is the Fourth Amendment. The cop likely doesn't want to trigger an issue based on "we got a warrant based on hearsay from a neighbor".
- gnicholas 4y agoThis wouldn't be hearsay from a neighbor — it would only be after seeing the neighbor log into the icloud account and seeing Apple's tracking system showing it was in the house. Hearsay is when someone says something but you don't see it with your own eyes. If this is indeed a house, not an apartment, I would think that that location accuracy would be high enough that its presence over multiple days would be enough to get a search warrant.
- gnicholas 4y agoWhat are the proscriptions? I'm a (former) lawyer from the US, and based on what I know of criminal procedure, the police could conduct a search based on this.