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[MemphisReins]

I wasn't aware they had internet access in jails.

If he did, we're not exactly going to find out all that quick.

[jeff10]

Hey everyone, I am a cop, Lt col of a police department in KY......
I have been on these forums for a long tme and noticed this thread...

For the question Cops had search warrant for I think it was some HDD's////
serve search warrant to search for a computer hard drive...We all know what the size of a hard drive is (demensions)etc....So if a (cop) has a search warrant for this item he may look in any place that this item may fit in the home or wherever the search warrant states..And have this in detail on the affidavit for the search warrant so what does this mean.....a hard drive is pretty small so the cops can search anywhere look anywhere in the home vehicles property...As for finding something else during the search in your case backups of games, well I would know what they are , but would anyone else i doubt it,,so you got unlucky by having someone who did or who would really give a flying fuck, I mean god there is alot better things for us to do, but on with the subject, While performing any search of property anything that is found on that property that is illegal to have it is to be confiscated and a citation issued and the subject be arrested or giving a court date, but yes this is a legal search if there was a search warrant issued for your place and anything that is illigal will be taken and you will be charged regardless of what the ssearch warrant states....While looking for one thing and another thing is discovered then your screwed....If it was a consent search of your premises same thing applies(((((((((do not let someone have a consent search of your property, what the hell are you thinking))))))))Would i let a cop search my property for something My house no fucking way, and i am a cop.....No one is going thrugh my personal stuff without a judges signature and if you let someone without a search warrant <<shame shame on you....Oh yeah if you want to let them (us) do it sure we are going to but if it is a consent search you can tell them(us) to stop anytime you want and we must....Of course if we (they) havent already found something illigal that you can be arrested on.....

So from your information yes it was a LEGAL search and seizure....

so what should you do.....Exactly what other members have told you, Get the original of these games(quick)  If you get them on the internet dont use your computer dont use your credit cards becuase it will be found if you leave a paper trail that they were purchased after the fact....Tell them you have all the games originals and that you have them loaned out or something like that and that it will take you a while to remember and find exactly who had them....Or some shit like that..but you better hurry, plead not guilty at your arraignment tell them you want a jury trial and then again dont tell them anything else, let your lawyer prepar everythiing this should give you several months before a court date is set and give you time to get originals of these games, once you goto court take them all in and let your lawyer present them, (dont you say anything) thats what the lawyer is for..Case dismissed you have the orignals and the bullshit of this case is over and you have just spent a shitload of money on a lawyer and games, now goto ebay sell these games and try to recover some of your money,,,Good luck

why am i telling you this (well i am in the xbox furoms and i am a gamer and have been since the atari 2600 and yes i think i do have very game system made in the U.S...

Let me know how this goes for ya.....

Ps,,this is information from kentucky law but as far as search and seizure it is the same everywhere...

[bebrewer1]

[BrodieR]

QUOTE (bebrewer1 @ Oct 19 2003, 08:04 AM)

Do cops in KY prosecute people for federal crimes?  I'm pretty sure that they don't in OR either.  The kid doesn't need to buy any copies of any games.  The local police are just busting his balls trying to scare him into a confession on the crime they are really interested in (computer parts theft).  They would have to turn this over to the FBI and I don't think they are that interested in 50 or so backups unless he is selling them.  The cops are just threatening with copyright infringement because cops can and will lie to coerce a confession, which is of course all legally approved.

Local cops still enforce federal crimes. Then it is tried in federal court.

For example: Murder is a FEDERAL crime. If a local cop sees you commit murder, of course he is going to arrest you and you will be tried in federal court.

And also, good luck in whatever you decide to do.

[Hoppy]

QUOTE (jeff10 @ Oct 19 2003, 01:30 AM)

Hey everyone, I am a cop, Lt col of a police department in KY...... I have been on these forums for a long tme and noticed this thread... For the question Cops had search warrant for I think it was some HDD's//// serve search warrant to search for a computer hard drive...We all know what the size of a hard drive is (demensions)etc....So if a (cop) has a search warrant for this item he may look in any place that this item may fit in the home or wherever the search warrant states..And have this in detail on the affidavit for the search warrant so what does this mean.....a hard drive is pretty small so the cops can search anywhere look anywhere in the home vehicles property...As for finding something else during the search in your case backups of games, well I would know what they are , but would anyone else i doubt it,,so you got unlucky by having someone who did or who would really give a flying fuck, I mean god there is alot better things for us to do, but on with the subject, While performing any search of property anything that is found on that property that is illegal to have it is to be confiscated and a citation issued and the subject be arrested or giving a court date, but yes this is a legal search if there was a search warrant issued for your place and anything that is illigal will be taken and you will be charged regardless of what the ssearch warrant states....While looking for one thing and another thing is discovered then your screwed....If it was a consent search of your premises same thing applies(((((((((do not let someone have a consent search of your property, what the hell are you thinking))))))))Would i let a cop search my property for something My house no fucking way, and i am a cop.....No one is going thrugh my personal stuff without a judges signature and if you let someone without a search warrant <<shame shame on you....Oh yeah if you want to let them (us) do it sure we are going to but if it is a consent search you can tell them(us) to stop anytime you want and we must....Of course if we (they) havent already found something illigal that you can be arrested on..... So from your information yes it was a LEGAL search and seizure.... so what should you do.....Exactly what other members have told you, Get the original of these games(quick)  If you get them on the internet dont use your computer dont use your credit cards becuase it will be found if you leave a paper trail that they were purchased after the fact....Tell them you have all the games originals and that you have them loaned out or something like that and that it will take you a while to remember and find exactly who had them....Or some shit like that..but you better hurry, plead not guilty at your arraignment tell them you want a jury trial and then again dont tell them anything else, let your lawyer prepar everythiing this should give you several months before a court date is set and give you time to get originals of these games, once you goto court take them all in and let your lawyer present them, (dont you say anything) thats what the lawyer is for..Case dismissed you have the orignals and the bullshit of this case is over and you have just spent a shitload of money on a lawyer and games, now goto ebay sell these games and try to recover some of your money,,,Good luck why am i telling you this (well i am in the xbox furoms and i am a gamer and have been since the atari 2600 and yes i think i do have very game system made in the U.S... Let me know how this goes for ya..... Ps,,this is information from kentucky law but as far as search and seizure it is the same everywhere...

Thank you for clearing this all up for us.  Now many of us can stop guessing    

[bebrewer1]

QUOTE (BrodieR @ Oct 19 2003, 02:03 AM)

Local cops still enforce federal crimes. Then it is tried in federal court. For example: Murder is a FEDERAL crime. If a local cop sees you commit murder, of course he is going to arrest you and you will be tried in federal court. And also, good luck in whatever you decide to do.

Uh...OK, yes murder is also federal crime but you have to be something along the lines of a terrorist or mafioso for the US government to want to prosecute instead of letting the state have prosecutorial rights.  Copyright laws, however, are not also state laws and local police would not be prosecuting for infringement.  If you are truly a police officer from KY I would like you to reference the state statute under which local law enforcement has authority to prosecute for copyright infringement in your state.

Thank you.

[thejt]

Personally..From experience..  I would do like the lots have already said including the above officer... BUY the ORIGINALS... But! Where I differ in opinion is this.  Dont pay some sorry ass slimy lawyer to do something for you that you can do yourself.  Hell you will have already forked out $2000+ already.. No need to make this more expensive.  One you have originals.  Bring them to your pre-trial and present them to the prosecuting attorney.. hell you may not even need all of them just a bunch to prove you had alot. borrow a bunch from frineds.. Any half way intelligent PA with a somewhat full plate will drop the charges or stay them for a year.. Bottom line.  The state doesnt want to waste their time on some seventeen year old kid that cant afford a fine and they cant lock you up.    

Anyways.. I dont think your gonna have to do anything about the "pirating".  It is quite evident they are using this as a scare tactic to get you to confess to a crime you supposedly didnt commit.

[krobby]

I think it's a little strange that he posted this on the 11th about how scared he was and blah blah and then 4 days later he was posting on other threads about how many games you can fit on a 120gig hard drive and hasn't bothered to update this thread with any new info.

[EvilWays]

What did we all learn children?

1) Keep your mouth shut in front of the 5-0 without a lawyer. That part of the Miranda Rights that says "You have the right to remain silent" is your first best defense.

2) If there's no search warrant with a judge's sig, say "No" and call the lawyer.

[sCoTxXx]

Still waiting......

[jeff10]

QUOTE (bebrewer1 @ Oct 19 2003, 08:04 AM)

Do cops in KY prosecute people for federal crimes?  I'm pretty sure that they don't in OR either.  The kid doesn't need to buy any copies of any games.  The local police are just busting his balls trying to scare him into a confession on the crime they are really interested in (computer parts theft).  They would have to turn this over to the FBI and I don't think they are that interested in 50 or so backups unless he is selling them.  The cops are just threatening with copyright infringement because cops can and will lie to coerce a confession, which is of course all legally approved.

if you wanted to get technical, and the fbi didnt take the case which they would, while he would set his ass in jail (local jail) with a bond amount set be pretrial, and the judge if the police really wanted to be a pain in the ass then it really wouldnt even have to go to federal court, for the simple fact he could be charged for TBUT, theft by unlawful taking desposition over 300.00 which is a felony and in wich case having 50 plus items at fifty dollars each being copies of an original, would be considerd theft from the company that makes the game.....Ok then right now you are probably thinking (well then the companies would have to prosecute him or press charges)  Wrong again this would be a crime against the state and the arressting officer and the state would prosecute him,,,Ok would he win the case and charges be dismissed..well this depends on the jury,,,My openion he would get out of jail be put on probation and maybe not even have to pay a fine,,MAYBE,,,,,buit is it really worth the chance(NO) get the origianls why make such a big deal out of it...Like i said if he wants to got jail till it goes on trial maybe up to a year waiting for the trial (if he cant bond out)......Just trying to help and no i will not take the time to get my law book to look this up, trust me i know the law and know what can and cannot be done in the situation,,,And yes i do agree that the local law enforcment in this case are being asses toward him,,,,Is there a reason i dont know and dont care i am just trying to help someone who has a interested in the same hobby (videogames) as me and will be happy to help anyone else (with the exception of you, because if he takes your advice he will be playing a game of russian roulette) not a good idea, if the case went to a federal court which isnt a big deal, hell file bankruptcy you goto federal court and thats pretty simple to do....But if a civilian goes to federal court it is usually in the best intereste to not be there If i went to federal court for a shooting I would rather be there then local state courts,,why well I will tell you that federal courts is alot safer for the law community(as far as not being as hard in on as a civilian) but dont take my word for it ...Let this poor guy take your advice and find out...

......oh yeah i am not an old guy or young kid making this up I am 30 years old and been a police officer for 8 years...And have been a Lt. Col...at this agency for 4 years i manage my guys and tell them the same things pertaing to questions like this everyday..

thanks i hope this helps...

[Potato Bob]

well i had to get this outta me lol

ok well if he could get back then we could contiue this

[IXKoDiaKXI]

I must have a boring life.

After reading every post on this thread I'm pretty interested to find out what happens to the poor kid.

He really shouldn't have anything to worry about... that what I'm getting from all this expert legal advice that has been posted.

Anyway, if this is in fact true, I hope things work out for the guy.

By the way, this thread was better than any movie I've seen lately. LoL

oh yeah one more thing,
      to who had the clearsky picture as their signature

CLEARSKY FUCKING SUCKS I WOULD NEVER USE THIS SHITTY ASS INTERNETS SERVICE IF IT WERENT FREE RIGHT NOW. NEVER PAY FOR THIS SHIT. IT ONLY WORKS 2 MINUTES OUT OF EVERY FUCKING DAY. JUST LONG ENOUGH TO WRITE THIS POST.

Good luck man.

[Hoppy]

He read the PM I sent apparently, and I got no reply.

Sorry folks, he seems to be full of bullshit.

[PeteTheMagicBum]

I'd like the chance to say 'Ha!'
Copying is illegal!