prosecution for legal modifications? - Page 2

prosecution for legal modifications?

This is a discussion on prosecution for legal modifications? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by Jim Macklin Your gun [ and what you write on the Internet ]can't be changed after the fact. Why do people keep ...

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Thread: prosecution for legal modifications?

  1. #16
    Ex Member Array scotthsi's Avatar
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    Quote Originally Posted by Jim Macklin View Post
    Your gun [and what you write on the Internet]can't be changed after the fact.
    Why do people keep saying this? Most smart people don't use their exact full name with correct spelling on some internet forum, especially if it's unique, so how can a prosecution search the ENTIRE internet for an incriminating post(s)? If Marcus T. Esquire III is on trial and he said something here (or elsewhere) under the name of something like "badassmofo" two years or even 6 months ago, how can that be connected back to him? How would the prosecution even begin to know where to start? What if that person changed ISPs, moved, etc? Or has a dynamic IP address?


  2. #17
    VIP Member Array Harryball's Avatar
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    Quote Originally Posted by scotthsi View Post
    Why do people keep saying this? Most smart people don't use their exact full name with correct spelling on some internet forum, especially if it's unique, so how can a prosecution search the ENTIRE internet for an incriminating post(s)? If Marcus T. Esquire III is on trial and he said something here (or elsewhere) under the name of something like "badassmofo" two years or even 6 months ago, how can that be connected back to him? How would the prosecution even begin to know where to start? What if that person changed ISPs, moved, etc? Or has a dynamic IP address?
    Its not the ISP you have to worry about. Its your harddrive. Which stores all sorts of information. Event logs, history and so forth. If they get your harddrive then they can see what you have done. It really isnt that hard. If you are worried use CCleaner to clear out everthing.
    Don"t let stupid be your skill set....

    Never be ashamed of a scar. It simply means, that you were stronger than whatever tried to hurt you......

  3. #18
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    Quote Originally Posted by scotthsi View Post
    Why do people keep saying this? Most smart people don't use their exact full name with correct spelling on some internet forum, especially if it's unique, so how can a prosecution search the ENTIRE internet for an incriminating post(s)? If Marcus T. Esquire III is on trial and he said something here (or elsewhere) under the name of something like "badassmofo" two years or even 6 months ago, how can that be connected back to him? How would the prosecution even begin to know where to start? What if that person changed ISPs, moved, etc? Or has a dynamic IP address?
    In a civil trial, you can be asked in discovery if you frequent internet message boards, social networking sites, etc. and asked for your screen names, etc.

    Failing to provide this material can lead to severe sanctions.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

  4. #19
    Distinguished Member Array razor02097's Avatar
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    Quote Originally Posted by scotthsi View Post
    Why do people keep saying this? Most smart people don't use their exact full name with correct spelling on some internet forum, especially if it's unique, so how can a prosecution search the ENTIRE internet for an incriminating post(s)? If Marcus T. Esquire III is on trial and he said something here (or elsewhere) under the name of something like "badassmofo" two years or even 6 months ago, how can that be connected back to him? How would the prosecution even begin to know where to start? What if that person changed ISPs, moved, etc? Or has a dynamic IP address?
    They don't need it

    besides he said they CAN'T charge after the fact. The "smart" person would also disobey the forum rules by using a fake name. Would you be caught? maybe.

    Any person with half a brain can track down user names. Especially cross checking social sites and auction sites. You can find a LOT of info about people on the internet without paying a dime.
    There is something about firing 4,200 thirty millimeter rounds/min that makes me feel all warm and fuzzy inside.

  5. #20
    Ex Member Array scotthsi's Avatar
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    Quote Originally Posted by razor02097 View Post
    The "smart" person would also disobey the forum rules by using a fake name.
    Ok there, Mr. razor02097.

  6. #21
    Ex Member Array scotthsi's Avatar
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    Quote Originally Posted by MattLarson View Post
    In a civil trial, you can be asked in discovery if you frequent internet message boards, social networking sites, etc. and asked for your screen names, etc.
    This wouldn't be a civil trial.

    Failing to provide this material can lead to severe sanctions.

    Matt
    How would they know? I look at so many places on the internet, I couldn't possibly remember them all. And, that IS the honest truth. I don't remember what I post when and where. They wouldn't even have probable cause to get a warrant for my home computer for a shooting case. If they want to find out if I have a myspace account or whatever, they can do that on their own...

  7. #22
    Senior Moderator
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    Quote Originally Posted by scotthsi View Post
    This wouldn't be a civil trial.
    You don't think the family of the fine, upstanding pillar of the community you shot would sue?

    Quote Originally Posted by scotthsi View Post
    How would they know?
    That's an interesting way to justify lying under oath. It's OK to commit perjury, because how would they know?
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

  8. #23
    Ex Member Array scotthsi's Avatar
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    Quote Originally Posted by MattLarson View Post
    You don't think the family of the fine, upstanding pillar of the community you shot would sue?
    Well, of course they most likely would. But, we're not talking about keeping one's ass out of jail, which is the paramount task at hand FIRST. Also, there are states where the family cannot sue in civil court if the criminal charges are never brought, dismissed or the shooter was acquitted/found innocent.

    And, see below...

    That's an interesting way to justify lying under oath. It's OK to commit perjury, because how would they know?
    I don't recall... I don't remember... Hey, it worked for Reagan in front of Congress!

  9. #24
    Ex Member Array scotthsi's Avatar
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    I guess I'm more wondering IF anyone has successfully been prosecuted because they said something on a gun board. Do prosecutors really go this hard after stuff like this? If someone gets into a car accident with a fatality, do they go trolling all the car forums to see if this guy talked about driving like a maniac or pretending he was Richard Petty or something? I find that hard to believe...

  10. #25
    Member Array Mountaineer's Avatar
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    Quote Originally Posted by Harryball View Post
    Its not the ISP you have to worry about. Its your harddrive. Which stores all sorts of information. Event logs, history and so forth. If they get your harddrive then they can see what you have done. It really isnt that hard. If you are worried use CCleaner to clear out everthing.
    CCleaner deletes the file but does NOT erase the evidence. It's very easy to use the appropriate tools to reconstruct deleted files, months or years after they have been deleted. I've done it.

    You can use tools overwrite files, then delete them, but it is a time consuming process.

    The only way that would be truly untraceable would be to use a laptop on various free wifi hotspots. You would want to remove the hard drive and boot off of a Linux Live CD and make up a custom MAC address for your WiFi card each time and only access these types of forums. Even then, you'd do something that would/could lead the wrong arm of the law back to you.

    It is better to just NOT put the information out there if you don't want it to come back to you.

  11. #26
    Member Array ScubaDuba's Avatar
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    I don't know if this has been posted before, but seems appropriate for this thread:
    YouTube - Dont Talk to Police

  12. #27
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    Quote Originally Posted by MattLarson View Post
    In a civil trial, you can be asked in discovery if you frequent internet message boards, social networking sites, etc. and asked for your screen names, etc.

    Failing to provide this material can lead to severe sanctions.

    Matt
    You are not legally required to provide any information, especially if it might in anyway possible way help convict you. Also, you don't need to lie or have temporary loss of memory on the stand...just practice these two simple statements:
    "I claim my 5th amendment rights." &
    "I would like to speak to my lawyer now."

    "No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
    Fifth Amendment
    Laws that forbid the carrying of arms . . . disarm only those who are neither inclined nor determined to commit crimes . . . Such laws... serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man - Cesare Beccaria

  13. #28
    Senior Member Array Jmac00's Avatar
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    Quote Originally Posted by Mountaineer View Post
    CCleaner deletes the file but does NOT erase the evidence. It's very easy to use the appropriate tools to reconstruct deleted files, months or years after they have been deleted. I've done it.

    You can use tools overwrite files, then delete them, but it is a time consuming process.

    The only way that would be truly untraceable would be to use a laptop on various free wifi hotspots. You would want to remove the hard drive and boot off of a Linux Live CD and make up a custom MAC address for your WiFi card each time and only access these types of forums. Even then, you'd do something that would/could lead the wrong arm of the law back to you.

    It is better to just NOT put the information out there if you don't want it to come back to you.
    what laptop ?
    HAPPY NEW YEAR
    INFIDELS

  14. #29
    Distinguished Member Array razor02097's Avatar
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    Quote Originally Posted by scotthsi View Post
    Ok there, Mr. razor02097.
    thats my screen name smart guy

    social networks and many forum sites ask your real name when you sign up.
    There is something about firing 4,200 thirty millimeter rounds/min that makes me feel all warm and fuzzy inside.

  15. #30
    VIP Member Array MitchellCT's Avatar
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    Well.

    This thread has exploded into the usual minuta and tangents...

    What to say...weapons more powerful than the police...internet statements being used against you...civil suits...criminal trials...

    Yeah, whatever.

    If you would like to discuss the rules of criminal and civil procedure, grab a practice book and start reading. Also grab a text on evidence, it's admissability and other discovery matters.

    You should be back and able to discuss inteligently your state's rules of practice and code of evidence in about 6 months.

    Till then...If you don't know, don't make it up or get your legal advice from TV.

    As to Mr. Harold Fish...He wasn't prosecuted for the use of his 10mm. He was prosecuted because he gave mutually contradictory statements to the police when he spoke without an attorney for about SIX HOURS.

    Yes, junior power rangers...he yammered on and on and on...

    His 10mm would have been a footnote in history had he been smarter.

    I swear I'm going to get myself a 10mm Glock, put a set of Big Dots on it, and find myself the most powerful loads I can (I'm thinking a 180 Grain Gold Dot or XTP pushed to 1,600 FPS...), and set that bad boy up as a carry handgun just to make a point - THE GUN AND THE AMMO DON'T MATTER.

    Only your actions before, during and after matter.

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