5 ms·

You don't have to explain anything to cops. You explain it to lawyers and judges.

dylan604 3y ago
You actually shouldn't even say anything to the cops. If they show up with a warrant for arrest as well as search, you're going to jail no matter what you say. If they show up with just a search warrant, they are going to take whatever they want to take whether its outside the purview of the warrant or not. It will be up to a lawyer to convince a judge it was out of scope at a later date after it has already been taken. You will never convince a team of cops that their warrant is wrong when they show up. The only chance you have is if you're uber criminal and have your attorney present when they arrive.
- mrweasel 3y ago
  > You actually shouldn't even say anything to the cops. Unless you're in the UK, in which case: "You do not have to say anything. But it may harm your defense if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."
  - dylan604 3y ago
    As a Yank, that line always felt odd when watching BritCop dramas. How is the alleged meant to know the specifics of a defence when the full charges haven't even been levied, or how is the alleged meant to read the mind of a lawyer? It just feels like something rigging the system
dspillett 3y ago
And the court of public opinion. By the time lawyers and judges are involved, unless you are very lucky, your name and photo is all over the tabloids. Any retractions published when you are later found completely innocent will be the equivalent of a column inch or two on page 17.
- WendyTheWillow 3y ago
  Simply not an issue for nearly everyone.
  - ThePowerOfFuet 3y ago
    Until it happens to you.
    - WendyTheWillow 3y ago
      No, even if it happened to me it would not be relevant for the vast majority.
      - dspillett 3y ago
        The point is that it could happen to anyone, if their choice of connectivity arrangements make it possible, so it is a relevant concern for everyone when planning such connectivity arrangements (whether or not they care about the implications of it potentially happening to you, me, or anyone else).
        WendyTheWillow 3y ago
        No, it could not happen to anyone, for a whole host of reasons… A number that rounds to zero in the 21st century is the number of people who have been randomly cancelled. You can disagree that it is proportionate to their offense, but z e r o people were just sitting around and woke up a) in the public eye and b) were completely and entirely good people who were maligned needlessly in a permanent way. It is in no way a real concern for 99.9999999% of people.
        dspillett 3y ago
        > but z e r o people were just sitting around and woke up a) in the public eye … who were maligned needlessly Demonstrably false. There are a significant number of individual cases I could mention off the top of my head. If you want a whole bag of them to look at in one go, read up on the NOTW “name and shame” campaign which resulted in numerous entirely spurious accusations, and actual vigilante attacks as well as legal investigations. The court of public option can be a concern for all. > b) were completely and entirely good people On a slightly more facetious note: if anyone claims to be absolutely 100% totally good, someone somewhere will disagree :) There is no objective definition of good that all will agree on, and even if there are none of us are perfect our entire lives.

You actually shouldn't even say anything to the cops. If they show up with a warrant for arrest as well as search, you're going to jail no matter what you say. If they show up with just a search warrant, they are going to take whatever they want to take whether its outside the purview of the warrant or not. It will be up to a lawyer to convince a judge it was out of scope at a later date after it has already been taken. You will never convince a team of cops that their warrant is wrong when they show up. The only chance you have is if you're uber criminal and have your attorney present when they arrive.

mrweasel 3y ago
> You actually shouldn't even say anything to the cops. Unless you're in the UK, in which case: "You do not have to say anything. But it may harm your defense if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."
- dylan604 3y ago
  As a Yank, that line always felt odd when watching BritCop dramas. How is the alleged meant to know the specifics of a defence when the full charges haven't even been levied, or how is the alleged meant to read the mind of a lawyer? It just feels like something rigging the system

dspillett 3y ago

And the court of public opinion. By the time lawyers and judges are involved, unless you are very lucky, your name and photo is all over the tabloids. Any retractions published when you are later found completely innocent will be the equivalent of a column inch or two on page 17.

WendyTheWillow 3y ago
Simply not an issue for nearly everyone.
- ThePowerOfFuet 3y ago
  Until it happens to you.
  - WendyTheWillow 3y ago
    No, even if it happened to me it would not be relevant for the vast majority.
    - dspillett 3y ago
      The point is that it could happen to anyone, if their choice of connectivity arrangements make it possible, so it is a relevant concern for everyone when planning such connectivity arrangements (whether or not they care about the implications of it potentially happening to you, me, or anyone else).
      - WendyTheWillow 3y ago
        No, it could not happen to anyone, for a whole host of reasons… A number that rounds to zero in the 21st century is the number of people who have been randomly cancelled. You can disagree that it is proportionate to their offense, but z e r o people were just sitting around and woke up a) in the public eye and b) were completely and entirely good people who were maligned needlessly in a permanent way. It is in no way a real concern for 99.9999999% of people.
        dspillett 3y ago
        > but z e r o people were just sitting around and woke up a) in the public eye … who were maligned needlessly Demonstrably false. There are a significant number of individual cases I could mention off the top of my head. If you want a whole bag of them to look at in one go, read up on the NOTW “name and shame” campaign which resulted in numerous entirely spurious accusations, and actual vigilante attacks as well as legal investigations. The court of public option can be a concern for all. > b) were completely and entirely good people On a slightly more facetious note: if anyone claims to be absolutely 100% totally good, someone somewhere will disagree :) There is no objective definition of good that all will agree on, and even if there are none of us are perfect our entire lives.