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Originally Posted by DOCTOR 30
Ah, now this is true.
In addition however, when law enforcement does so and fucks up, the ramifications to that agency could be devestating. Especially if you're a journalist or use your computer for intellectual properties.
One mistake, just ONE and agents and directors could lose their heads big time.
Constitutional issues arise and it's more delicate than walking a spider's web.
That's why the crime has to be so outrageous, that upon a cursory examination it's plain as day then the following procedures are engaged in.
Confiscation even on suspicion, done wrong could and often does lead to disastrous criminal, punitive and political damage that's damn near irrevocable especially if the suspect is a politico, has spoken out against injustices etc.
A good lawyer is going to bring all that up. If the prosecutor is friends with the mayor and the suspect is outspoken against the mayor's policies then it's a tangled web.
These operations are very tricky. You could be minding your business and someone could be operating as you with IP masking and impersonation. Forensics are good but not perfect. If the law uses a forensics expert that the public can't access nor afford for defense the judge may not allow that evidence in court because it's not fair. It depends on several factors.
Bottom line is if you're going to invade privacy, confiscate without due process, compromise birthrights, you had better have a good damned excuse or it'll cost severely if in error.
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True, but what you're saying only has teeth if you can afford to sue them.
And the legal system has a funny way of dealing with those who want to sue the cops, DA etc. They tend to find new charges to bring against you to bog you down in legal fees until eventually you can't afford to sue them. THEN you're off the hook.