“We find it reckless”

[GURPS]

Last Thursday, Indiana's highest court made it official, ruling that the search warrant that allowed police to recover Heuring's meth was illegal. The police had no more than a hunch that Heuring had removed the device, the court said, and that wasn't enough to get a search warrant.

Even if the police could have proved that Heuring had removed the device, that wouldn't prove he stole it, the high court said. It's hard to "steal" something if you have no idea to whom it belongs. Classifying his action as theft would lead to absurd results, the court noted.

"To find a fair probability of unauthorized control here, we would need to conclude the Hoosiers don't have the authority to remove unknown, unmarked objects from their personal vehicles," Chief Justice Loretta Rush wrote for a unanimous court.

The high court's ruling has big implications for Heuring's case. Under a principle known as the exclusionary rule, evidence uncovered using an invalid search warrant is excluded from trial. Without the meth recovered in this search, prosecutors might not have enough evidence to mount a case against him.

https://arstechnica.com/tech-policy...-device-from-your-car-isnt-theft-court-rules/

 

[glhs837]

Wow, nice way to screw up a case.

 

[Clem72]

Wow, nice way to screw up a case.

It's better to lose this case than set a crazy precedent of charging people for removing crap someone attached to their car.

If this guy is a low life, and it looks like he is, then he will screw up again. Let him have his get-out-of-jail-free card this turn.

 

[officeguy]

Good.



I am not in the 'pro meth' camp, but someone needs to tell cops that they can't just make up new legal concepts to obtain search warrants.

If I put a 'MAGA' bumper sticker on my Bernie loving neighbors car, it's not 'destruction of property' if he peels it back off.

 

[glhs837]

It's better to lose this case than set a crazy precedent of charging people for removing crap someone attached to their car.

If this guy is a low life, and it looks like he is, then he will screw up again. Let him have his get-out-of-jail-free card this turn.

I suppose I wasnt clear, that was directed at the police who made sh^% up to keep a case. Never been a fan of that, like the ones who arrest folks recording them under made up BS>

 

[Hijinx]

I wonder what this implies about Parking boots.
If the boot is removed it doesn't prove the owner removed it.
If it is damaged it doesn't prove the owner damaged it.

Just wondering for a friend.

 

[GURPS]

IIRC this is not the 1st police dept to charge a citizen with ' theft ' for removing a GPS Tracker ....

I would have put the thing on an out bound train or Tractor Trailer


Chase this bitches

 

[glhs837]

IIRC this is not the 1st police dept to charge a citizen with ' theft ' for removing a GPS Tracker ....

I would have put the thing on an out bound train or Tractor Trailer


Chase this bitches

Nah, slap it on a police car

 

[GWguy]

If it was removed from the vehicle and dropped on the ground and left there, how can it be theft? He didn't take it and is not in possession of the tracker.

 

[glhs837]

If it was removed from the vehicle and dropped on the ground and left there, how can it be theft? He didn't take it and is not in possession of the tracker.

We all know it cant be, but this sort of crap happens all the time. Arrest them for BS now until we get the real evidence.

 

[BernieP]

Nah, slap it on a police car

like a dog chasing its tail

 

[BernieP]

We all know it cant be, but this sort of crap happens all the time. Arrest them for BS now until we get the real evidence.

I think this about sums it up.

It's better to lose this case than set a crazy precedent of charging people for removing crap someone attached to their car.

If this guy is a low life, and it looks like he is, then he will screw up again. Let him have his get-out-of-jail-free card this turn.

Nobody wants to see a criminal walk, but we all suffer when the police, prosecutors and judges allow such short cuts.
Look at what happened to Carter Paige and the FISA court. The fall out from a myth, led to baseless warrants. Which lead to over zealous prosecutions.

 

[glhs837]

Guys, I am NOT on the police's side in this. I wasn't advocating arresting people on BS until the real evidence shows up, I was saying thats what they do.,

 

[BOP]

I wonder what this implies about Parking boots.
If the boot is removed it doesn't prove the owner removed it.
If it is damaged it doesn't prove the owner damaged it.

Just wondering for a friend.

PPA

 

[BernieP]

Guys, I am NOT on the police's side in this. I wasn't advocating arresting people on BS until the real evidence shows up, I was saying thats what they do.,

the charges and any evidence obtained by the subsequent search should all be tossed out.
Those that authorized the charges and approved them, should also be disciplined, including the chief of police and prosecutor.
A fine and maybe a week without pay will be good enough. Don't want them fired, but a message has to be sent that going forward with what amounts to malicious prosecution is wrong on many levels.