prosecution for legal modifications? - Page 3

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 mamakennedy You are not legally required to provide any information, especially if it might in anyway possible way help convict you. Also, ...

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  1. #31
    Senior Moderator
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    Quote Originally Posted by mamakennedy View Post
    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
    I am aware of the 5th Amendment. My post clearly said in a civil action.

    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.


  2. #32
    Ex Member Array scotthsi's Avatar
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    Quote Originally Posted by mamakennedy View Post
    You are not legally required to provide any information, especially if it might in anyway possible way help convict you.

    "I claim my 5th amendment rights." &
    "I would like to speak to my lawyer now."
    EXACTLY!

    I'd also confer with my attorney (if he hadn't already) about objecting to that line of questioning. What does a person's internet habits have to do with a shooting in the "real world"? How is this relevant to the case? Are they going to peruse all the cooking forums because someone used a cleaver by Emeril to cut off someone's head? Since EVERYONE is on-line these days, are they going to use this in EVERY criminal and civil trial? I think not. Let the prosecution seek a warrant and/or subpoena the person's ISP. That may just be a lot of trouble they don't even want to pursue.

  3. #33
    Ex Member Array scotthsi's Avatar
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    Quote Originally Posted by MattLarson View Post
    I am aware of the 5th Amendment. My post clearly said in a civil action.

    Matt
    So? The attorney can also say that his client is not going to address that line of questioning and make a motion for such action (or inaction).

  4. #34
    Senior Moderator
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    Mas Ayoob has studied and testified in many, many cases.

    Personally, I'll accept his professional opinion on the matter. If that makes me a "junior power ranger" in someone's eyes, that's their issue.

    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.

  5. #35
    Ex Member Array scotthsi'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.
    They'd need a warrant for that. And, again, "How is this relevant to my client's case?" Even if they got a warrant to search the house for weapons is the actual gun used isn't found, that does NOT cover the computer. A warrant doesn't grant permission "willy nilly" to search/take any and everything.

  6. #36
    VIP Member Array MitchellCT's Avatar
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    I wasn't aware Massad Ayoob and I were disagreeing.

    If you chose to blindly focus on hardware instead of actions...Hey, I hope you have you decoder ring.

  7. #37
    Distinguished Member Array razor02097's Avatar
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    If they are using modifications against you in the court then they would have nothing else against you. Its a desperate move on their part and as said before there is no documented cases that a person involved in a justified shooting that went to jail ONLY because he modified his gun.
    There is something about firing 4,200 thirty millimeter rounds/min that makes me feel all warm and fuzzy inside.

  8. #38
    VIP Member Array MitchellCT's Avatar
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    Quote Originally Posted by scotthsi View Post
    They'd need a warrant for that. And, again, "How is this relevant to my client's case?" Even if they got a warrant to search the house for weapons is the actual gun used isn't found, that does NOT cover the computer. A warrant doesn't grant permission "willy nilly" to search/take any and everything.
    #1 The police do not run a warrant affidavit by you or your attorney before submitting it to a judge in a criminal matter. Call the cops paranoid about OPSEC...

    #2 Have you ever read a warrant affidavit in a criminal case? The computer & electronic devices are usually asked for right after guns & drugs.

    #3 If you are subpoenaed in a civil case, you can file a motion to quash, but it's not a sure thing.

  9. #39
    Ex Member Array scotthsi's Avatar
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    Quote Originally Posted by MattLarson View Post
    Mas Ayoob has studied and testified in many, many cases.

    Personally, I'll accept his professional opinion on the matter. If that makes me a "junior power ranger" in someone's eyes, that's their issue.

    Matt
    And what exactly did he have to say about the internet, usage and irrelevant involvement in criminal/civil proceedings?

  10. #40
    Senior Moderator
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    Quote Originally Posted by scotthsi View Post
    And what exactly did he have to say about the internet, usage and irrelevant involvement in criminal/civil proceedings?
    I was referring to the original topic, modifications.

    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.

  11. #41
    VIP Member Array MitchellCT's Avatar
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    Quote Originally Posted by razor02097 View Post
    If they are using modifications against you in the court then they would have nothing else against you. Its a desperate move on their part ...
    No.

    It's a well used move because IT WORKS.

    It works very well.

    That's why it's so dangerous.

  12. #42
    Ex Member Array scotthsi's Avatar
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    Quote Originally Posted by razor02097 View Post
    Its a desperate move on their part and as said before there is no documented cases that a person involved in a justified shooting that went to jail ONLY because he modified his gun.
    But it definitely CAN be introduced and defended as a mitigating circumstance.

  13. #43
    Distinguished Member Array razor02097's Avatar
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    Quote Originally Posted by scotthsi View Post
    But it definitely CAN be introduced and defended as a mitigating circumstance.
    but only if they are trying to make the case out to be premeditated. Hard to do that in a self defensive trial.
    There is something about firing 4,200 thirty millimeter rounds/min that makes me feel all warm and fuzzy inside.

  14. #44
    VIP Member Array MitchellCT's Avatar
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    Quote Originally Posted by scotthsi View Post
    But it definitely CAN be introduced and defended as a mitigating circumstance.
    Mitigating circumstance?

    What in the hell are you talking about?

    Please stop using $1 words when you haven't a clue about how they are supposed to be used!

    You have absolutely no clue what you are taking about, and if you do (which I seriously doubt) you have no clue as to how write coherently.

  15. #45
    Ex Member Array scotthsi's Avatar
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    Quote Originally Posted by MitchellCT View Post
    Mitigating circumstance?

    What in the hell are you talking about?

    Please stop using $1 words when you haven't a clue about how they are supposed to be used!

    You have absolutely no clue what you are taking about, and if you do (which I seriously doubt) you have no clue as to how write coherently.
    Ok there, Mr. Wizard. EXTENUATING circumstance. Better?

    So, show us your "background", aka internet claim to fame in this area...

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