An Outrageous Warrant

[benenglish]

...the entire train of thought as an effective prosecution strategy is ludicrous. ...

Y'know, I hadn't thought of that. I suspect you're right.

If the police had obtained this evidence in this way it probably wouldn't have helped their case. Surely someone on the jury would have said to themselves "They raped this boy to get evidence that he showed a dirty picture to his girlfriend...who didn't mind and had probably already seen the thing in real life anyway? WTF?" and then quietly exercised their option to nullify.

I feel pretty sure I would if I were on that jury.

 

[benenglish]

...whats the big deal?...

As I referenced earlier in this thread, for some reason Virginia seems to take a real hard-ass approach to these cases. I don't really know what their deal is.

 

[txinvestigator]

So, they want to photograph his penis? And show the photos to someone else? That's the same crime the boy is accused of. Two wrongs don't make it right.

It is not even close to the same.

Common sense.

 

[benenglish]

It is not even close to the same.

Agreed. You're absolutely correct.

What the police attempted to do, had they succeeded, would have been an order of magnitude more evil, more damaging to both the physical body of the accused and society as a whole, than the crime of which he is accused.

Common sense.

I enthusiastically join you in your call for common sense.

For example, I can understand a loss of perspective in the pursuit of evidence. It's the notion that a judge actually signed off on it that floors me. I would have thought just a hint of common sense would have kicked in...somewhere.

 

[matefrio]

Depends on the standard required. I'm probably in trouble.

Best guess it'd be a range, based on or at the whim of the current ruler.

Not too big or too small the "sig heil's" length must be uniform.

 

[Charlie]

............................

For example, I can understand a loss of perspective in the pursuit of evidence. It's the notion that a judge actually signed off on it that floors me. I would have thought just a hint of common sense would have kicked in...somewhere.

Technically, I think the judge in is the wrong!

 

[matefrio]

Technically, I think the judge in is the wrong!

The judge shouldn't have ever got the warrant in front of him. Some LEO thought it was ok to ask for the warrant. Judge should have been the stop check if he even read the paper.

 

[Saltyag2010]

They specifically obtained to warrant to photograph it erect. They were going to inject him with something to make it erect for the photos.

Perfectly reasonable. Gotta go now. I gotta get back to watching msnbc, supporting bloomberg, wetting my bed, being a victim and sign up for the affordable healthcare act coverage.

Police should know better than to execute on that search warrant. "Boys" and "penis" and "erect" together in a sentence is way too much for me to put in a sentence together. That'll get you on a list real quick.

 

[Charlie]

The judge shouldn't have ever got the warrant in front of him. Some LEO thought it was ok to ask for the warrant. Judge should have been the stop check if he even read the paper.

Exactly! That's what judges are for! But once he/she signs it, it on the judge!

 

[ZX9RCAM]

As I referenced earlier in this thread, for some reason Virginia seems to take a real hard-ass approach to these cases. I don't really know what their deal is.

Could have something to do with a few jokes, lol.....

 

[Younggun]

I would not allow such a warrant to be served on my son.

 

[Kennydale]

I would not allow such a warrant to be served on my son.

Ditto !

 

[benenglish]

I would not allow such a warrant to be served on my son.

Apparently his parents felt the same. Reportedly, the parents sent their son out of state pending the outcome of legal appeals.

Publicity shamed the police into dropping the matter and saying publicly that they were going to let the warrant expire. I can only assume the parents are smart enough to keep their kid out of state until the expiration date has passed.

 

[Mexican_Hippie]

Being a judge would imply that one has good judgement. I guess that's not always the case.

 

[GPtwins]

The problem with sanctioning illegal acts in the enforcement of illegal acts is where does one stop? It is the broken window theory. Police are permitted to speed in response to a call. Now they take that liberty whenever they are in the squad car. Next, they take that liberty when in their personal vehicle and flash their badge. So you see, where does it stop. Apparently at child molestation. That is way too far down the road. Not only did the courts agree to child molestation, they agreed to forcibly injecting the child with drugs to do it. Can you imagine the outrage if a civilian did such a thing?