Is this post admissable in a court of law?

This is a discussion on Is this post admissable in a court of law? within the Off Topic & Humor Discussion forums, part of the The Back Porch category; 5 AM and your sleeping soundly. Suddenly the door is kicked in and there's a search warrant being served. Through some clericle error, you're being ...

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Thread: Is this post admissable in a court of law?

  1. #1
    Distinguished Member Array svgheartland's Avatar
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    Is this post admissable in a court of law?

    5 AM and your sleeping soundly. Suddenly the door is kicked in and there's a search warrant being served. Through some clericle error, you're being served and searched due to a wrong address. The suspected terrorist is 3 blocks away still sleeping. Now you're in the soup. They take your "stuff" including your laptop in for analysis and discover that you participate on a gun oriented forum. hmmmm That nasty little IP address bit your backside.

    Or maybe your wife's ex breaks in. Self defense gets labeled by the arresting officer as a bad shoot. His friend says that you sent the ex a nasty gram email. Search warrant, laptop scenario again.

    The DA labels you militia, high risk, high bond. Some reporter calls you a gun freak, whack job. The judge eats carrots and wears Berkinstocks, graduated Berkley. The jury foreman wears a Green Peace t-shirt. uh oh.

    I bring this up because there are times when our "discussions" get a bit colorful, if not down right out of line. Caliber wars seem to be a real magnet for digital egos to get cranked up (I include myself....I'm not trying to sit on high and lecture). Sometimes we get too serious. Would you want everything you say online marched out in front of a judge or a jury?

    Now.....I've already screwed my plumbing job today, I'm gonna go hang two towel bars and see if I can get that right. I was just procrastinating and this thought came to mind. We're not exactly trading pudding recipes here, are we?
    Savage Heartland

    What if the Hokey Pokey IS what it's all about?

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  3. #2
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    Array Hopyard's Avatar
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    Assume everything you do with your computer (or smartphone) is subject to third party scrutiny or spying. Critical stuff like personal financial information, tax records, etc., should be saved to USB memory sticks, and these can be saved encrypted. It is easy to make those sticks disappear.

    Some browsers have built in features which don't save your browsing history. So, your computer at least won't have a trail. That doesn't mean your IP provider and their domain servers don't have the info.

    I admin and moderate a different forum. We only allow registered users access to anything past the index page. We block the web crawlers. I have no idea if Bumper does anything at all like that or if it would even be a good idea for this particular forum to to that.

    There are inexpensive "clean and wipe" HD programs. Periodically clear your browser history using a program that will securely delete the file, run check disc, defragment your HD, wipe the unused portions of your drive. Again, that doesn't mean you can't be traced, just that nothing is actually on your computer.

    And don't post stupid stuff or download stuff you shouldn't. That is your best protection. Stay smart and stay legal, and the rest won't really matter.

    I'm quite surprised that there aren't more operating systems and plug ins available to encrypt all traffic to and from a hard drive. Today's computers can certainly handle that added task with ease. Yet, I have read that even when these features are on computers, most folks won't even turn the feature on.

    I'm also quite surprised that we have yet to see the development of truly secure e-mail systems which run transparently and don't involve the complex aspects of PGP.



    In today's world, like it or not and I don't like it, you need to assume that everything you speak, text, type, is somehow recorded somewhere. It isn't necessarily government doing it. Yesterday it was discovered and reported that Google, in the process of doing their street level photography, somehow svaed nearly a terabyte of wifi data scooped up from unprotected nodes.

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    VIP Member Array zacii's Avatar
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    We're not exactly trading pudding recipes here, are we?

    Nooo.... But since you asked






    Chocolate Pudding Recipe:

    3/4 cup (150 grams) granulated white sugar

    3 tablespoons (30 grams) cornstarch (corn flour)

    1/3 cup (30 grams) Dutch-processed cocoa powder

    1/8 teaspoon salt

    2 1/2 cups (600 ml) milk

    1/2 cup (120 ml) heavy whipping cream

    4 large egg yolks

    4 ounces (120 grams) semisweet chocolate, finely chopped

    1 1/2 teaspoons pure vanilla extract

    1 tablespoon (14 grams) unsalted butter, room temperature (cut into small pieces)

    Garnish: Lightly sweetened whipped cream

    Grated chocolate



    There is nothing like a homemade Chocolate Pudding with its velvety smooth texture and deep chocolate flavor. I love everything about it and if you have always used those small boxes of commercially made puddings that contain preservatives and other things that are not good for you, than you are in for a treat. Homemade chocolate pudding is easy to prepare and what makes it so perfect is that most, if not all, of the ingredients you will already have in your cupboards, things like milk, cream, sugar, eggs, cocoa powder, and chocolate. And while some may think of puddings as old fashioned, when you serve this dessert in pretty bowls with a large dollop of whipped cream and a stemmed maraschino cherry on top, there is no better way to end a meal.



    This chocolate pudding is made with both Dutch-processed cocoa powder and semisweet chocolate. It is like the vanilla and butterscotch puddings, in that when you make a chocolate pudding what you are really doing is making a 'cooked' custard. The only real difference is that you add cornstarch (corn flour) to a pudding recipe and this is done to make it thick enough to eat with a spoon. The danger zone with any pudding is cooking it over too high a heat causing lumps or even worse, scorching. To avoid these pitfalls use a heavy bottomed saucepan and cook it over medium low heat, stirring constantly with a large heatproof rubber spatula. Make sure when stirring you reach the bottom, sides and corners of the saucepan to prevent the pudding from sticking and scorching. As you cook the pudding it may look lumpy but if you stir quickly the lumps should smooth out. Once the pudding has become thick, like mayonnaise, remove immediately from the heat. Straining the pudding will help get rid of any lumps that may have formed. Once you have added the chopped chocolate, vanilla and butter avoid over mixing the ingredients as the pudding is quite fragile at this stage. If you like your chocolate pudding warm, then by all means eat it right away. But if you like your pudding cold, simply press plastic wrap onto the surface of the puddings and refrigerate until firm (a couple of hours). For those who like a skin (film) on the top of their pudding, let the pudding cool uncovered and then cover with plastic wrap and refrigerate.

    Chocolate Pudding: In a large stainless steel (heatproof) bowl whisk together the sugar, cornstarch, cocoa powder, and salt. Then whisk in 1/2 cup (120 ml) of the milk until you have a thick paste. Add the egg yolks, one at a time, whisking to blend into the cocoa paste mixture. Set aside while you heat the milk and cream. Have a fine medium-sized strainer and bowl ready near the stove as you will need to strain the pudding after it is cooked.

    First, rinse a medium-sized heavy saucepan with cold water and then shake out the excess water. Doing this step prevents the milk from scorching. Then pour in the remaining 2 cups (480 ml) milk with the cream. Bring this mixture just to a boil and then remove from heat. (The milk will foam up to the top of pan when done, so watch carefully.) Gradually pour the milk into the egg mixture, whisking constantly, until the mixture is smooth. Transfer the pudding mixture to a clean large, heavy bottomed saucepan and place over medium-low heat. Cook, stirring constantly, until the mixture thickens to the consistency of mayonnaise (about 3 - 5 minutes). Remove from heat and pour through the strainer to remove any lumps that may have formed during cooking.

    Add the finely chopped chocolate, vanilla extract, and butter, stirring gently with a rubber spatula until the mixture is smooth. Pour into 6 to 8 bowls or wine glasses. Can serve warm or if chilling, press plastic wrap onto the surface of the warm puddings to prevent a skin from forming. If you are a person who likes the skin on their pudding, simply leave the pudding uncovered until cooled and then cover with plastic wrap. Can be made a day or two ahead of serving.

    If you are like me, no chocolate pudding is complete without a large dollop of softly whipped cream.

    Makes 6 to 8 servings.
    Trust in God and keep your powder dry

    "A heavily armed citizenry is not about overthrowing the government; it is about preventing the government from overthrowing liberty. A people stripped of their right of self defense is defenseless against their own government." -source

  5. #4
    Distinguished Member Array svgheartland's Avatar
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    That's too funny. You're killing me. oops....gotta watch that kind of talk
    Savage Heartland

    What if the Hokey Pokey IS what it's all about?

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    VIP Member Array MitchellCT's Avatar
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    Quote Originally Posted by svgheartland View Post
    5 AM and your sleeping soundly. Suddenly the door is kicked in and there's a search warrant being served. Through some clericle error, you're being served and searched due to a wrong address. The suspected terrorist is 3 blocks away still sleeping. Now you're in the soup. They take your "stuff" including your laptop in for analysis and discover that you participate on a gun oriented forum. hmmmm That nasty little IP address bit your backside.

    Or maybe your wife's ex breaks in. Self defense gets labeled by the arresting officer as a bad shoot. His friend says that you sent the ex a nasty gram email. Search warrant, laptop scenario again.

    The DA labels you militia, high risk, high bond. Some reporter calls you a gun freak, whack job. The judge eats carrots and wears Berkinstocks, graduated Berkley. The jury foreman wears a Green Peace t-shirt. uh oh.

    I bring this up because there are times when our "discussions" get a bit colorful, if not down right out of line. Caliber wars seem to be a real magnet for digital egos to get cranked up (I include myself....I'm not trying to sit on high and lecture). Sometimes we get too serious. Would you want everything you say online marched out in front of a judge or a jury?

    Now.....I've already screwed my plumbing job today, I'm gonna go hang two towel bars and see if I can get that right. I was just procrastinating and this thought came to mind. We're not exactly trading pudding recipes here, are we?
    Broad question.

    Read the federal rules of evidence, your state rules of evidence, the appropriate sections American Jurisprudence 2nd, Law Review Articles on electronic evidence, and your state's case law regarding the above subjects, and tell us what you find.

    :)

  7. #6
    Member Array n3ss's Avatar
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    Sounds like you're a bit off the deep end but if you're worried about posts being tracked back to you: Tor: anonymity online
    Highly unlikley that most agencies will put forth the time / effort / cash to trace online activity back to you, unless you're a serious threat/terrorist/criminal

    Use dban to clean hard drives/flash drives/etc

    TrueCrypt will allow you to do all kinds of fun stuff, most notably hiding/encrypting an entire operating system, and deep concealment of files. Also, you can't be forced to give up a passwords and the chances of them cracking the encryption are pretty slim if you use a good password (and don't put it under your keyboard)

    don't send emails to your exwife and you'll be fine.. :d

  8. #7
    Senior Member Array 1911PKR's Avatar
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    At some point a DA would have to come to the conclusion that he/she has enough evidence against you to make something stick. It usually has to be something pretty substantial in order for them to bring the case to trial. Simply being a "gun nut" or on a gun site isn't even close to proving anything. It's NOT against the law... I HOPE! If you get into a traffic accident and kill someone while your drunk, the DA doesn't see how many beer sites you've visited lately. Conversely, if your accused of a crime, and any part of that crime could have taken place on the Internet.... YOU'RE HOSED!

    If you carry a weapon, it's good idea to have the number of a VERY good criminal defense attorney in your wallet and don't say ANYTHING to the cops!
    "Success is how high you bounce when you hit bottom" Gen. George Patton

  9. #8
    Distinguished Member Array svgheartland's Avatar
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    I'm not off the deep end. Thank you very much. I'm simply dodging my honey-do list. jeez....some people :)

    MithellCT...give me 15 minutes
    Savage Heartland

    What if the Hokey Pokey IS what it's all about?

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    Member Array Maltz's Avatar
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    I am NOT a lawyer, but...

    If they kick in your door, and it's the wrong door... would anything they find be able to be used in court against you? Usually when things are found because of an illegal search (even indirectly), it cannot be used in court. Fruit of the poisoned tree and all that. In fact, it's hard to believe they'd go to the trouble of searching your laptop after they discovered you were the wrong person.

    As for being a member/poster/lurker on this site, if it's a legal search, then sure they can use it. But unless you're discussing illegal activity here (which would probably get you kicked off anyway) I don't see how it would help a prosecutor much.

    But to answer the more general question-behind-the-question... Yes, anything you do on the 'net can usually be tracked down and used against you in court.

    For my part, I read this forum as a kind of training. It keeps me up to speed on legal happenings, has great tips and advice for self defense (with or without a firearm) and interesting scenarios to think through BEFORE you actually find yourself in such situations and are forced to make decisions on the fly. It seems like that would help my defense, if anything. :)

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    Member Array billzfx4's Avatar
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    This is a gun forum?!?!

  12. #11
    Senior Member Array 1911PKR's Avatar
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    Quote Originally Posted by billzfx4 View Post
    This is a gun forum?!?!
    Yup and your in the "off topic, humorous" subforum. Anymore questions?
    "Success is how high you bounce when you hit bottom" Gen. George Patton

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    Quote Originally Posted by svgheartland View Post
    That's too funny. You're killing me. oops....gotta watch that kind of talk
    That is no ordinary pudding recipe.
    It must contain some secret code.
    If you understand, things are just as they are... If you do not understand, things are just as they are....
    - Zen Saying

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    Distinguished Member Array svgheartland's Avatar
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    Julia Child may have been a commie pinko. How's the judge gonna deal with that statement.....?
    Savage Heartland

    What if the Hokey Pokey IS what it's all about?

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    At last, someone finally posted a real chocolate pudding recipe. I'll be extra busy tonight........thanks.
    Turn the election's in 2014 to a "2A Revolution". It will serve as a 1994 refresher not to "infringe" on our Second Amendment. We know who they are now.........SEND 'EM HOME. Our success in this will be proportional to how hard we work to make it happen.

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    Senior Member Array jeephipwr's Avatar
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    ANYTHING you say, CAN and WILL be used against you.

    Don't say anything without an attorney.

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