Text 31351, 48 rader
Skriven 2006-06-09 21:52:01 av Michiel van der Vlist (2:280/5555)
  Kommentar till text 31344 av Roy Witt (1:1/22)
Ärende: Pickled Pirates Propaganda
==================================
Hello Roy.

09 Jun 06 10:05, you wrote to me:

 RW>>> Like I said, the police don't act on their own when it comes to
 RW>>> raiding, they must first get a search warrant from a judge.

 MvdV>> And *before* that, the police gathers information that leads up
 MvdV>> to the chain of events. If misateks are made in that phase, the
 MvdV>> judge will be presented with the wrong or incomplete
 MvdV>> information.

 RW> The District Attorney (don't know what the Svedes call it) or his
 RW> deputy will advise the police on their case before it ever gets to a
 RW> judge. They, the DAs, know what is required to try a case before a
 RW> judge to get a conviction.

So how come that ever so often there is no conviction after all?

 RW> And judges aren't stupid, they also know what evidence is required
 RW> before issuing a search warrant.

And we also know that hard proof is not needed for a search warrant. All that
is needed is reasonable indications that more evidence is to be found at the
premisies. The search is to provide evidence to get proof. If the evidence w
already complete, there would be no need for the search.

 RW>>> It shows nothing of the kind. It only shows that a raid took
 RW>>> place and guilt or innocense will be determined in a court of
 RW>>> law.

 MvdV>> And that was exactly my point. Shannon was presenting it in a
 MvdV>> way that suggested the fact that a raid took place was in
 MvdV>> itself proof of guilt.

 RW> Knowing what I know about what is required to get search warrants, I'd
 RW> say Shannon was on the right trail. Very few cases of this nature are
 RW> thrown out because of an error in the investigation and evidence
 RW> seized by search warrant.

Many cases result in a not guilty because the search did not turn up the
evidence that was expected.


Michiel

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