After suppression orders like this one, are the seized items actually returned?
Money - i assume 'yes', after separate suit.
Guns - should be 'yes', but not sure.
Drugs - ???
If everything is not returned, then corrupt cops still benefit. They could even designate one officer as the 'bad boy' who does all the improper seizures. The evidence gets excluded, the court reprimands the Bad Boy each time - but the department still gets drugs/guns/money. Net win for cops, net loss for rule of law.
Both articles (TechDirt and The Smoking Gun) are silent about the monetary sanctions. By my count, Liebowitz owes the clerk of the court a few thousand dollars.
Any word on if he ponied up?
So the cops illegally seized "drugs, money, and a gun" from his home.
I've read several of these suppression-of-evidence stories, where courts get it right. But I'm not clear on how the seizures work out. Does Lopez get his property returned?
If the case falls apart, but the cops keep the money and sell the gun, then a perverse incentive remains. Never mind the case - do a fresh illegal search every six months. Lose the cases, keep the money, and sell the new guns.
btw, why is money suspicious in a home? Or a gun? Are we all suspicious unless we're dead broke? Why didn't they seize only the drugs?
I hadn't thought about it until now, but my opinion of the ACLU has been going up every time I read news about them. For at least the last two years. Bravo.
While I find Techdirt's stories important and timely, you should knock off with swearing in print. It makes the story sound unprofessional, and gives detractors one more reason to ignore the content.
Swearing is fine in a news quote - it's what someone else said. But editorial swearing is not a normal element of news.
1) Appeal to the Supreme Court, or 2) hand over confidential communications. The 3rd choice is the hard one journalists are supposed to take. Go to jail rather than betray a source.
They should try #1 appeal. Should that fail, take the contempt charge. It's embarrassing for free governments to jail members of the press. Regardless, it's the right choice for a journalist - keep their word to their source.
It is unfortunate that there are no links to this new service. The story has 5 links to other TechDirt articles, and an Intercept link (which does link to lavabit).
Easily solved. If JPay claims ownership, let them own something they don't want. Send some illegal speech through the system. Then sue JPay for the illegal speech.
They change their terms pronto, and you get some cash. I wish all problems could be solved so easily.
(untitled comment)
After suppression orders like this one, are the seized items actually returned?
Money - i assume 'yes', after separate suit.
Guns - should be 'yes', but not sure.
Drugs - ???
If everything is not returned, then corrupt cops still benefit. They could even designate one officer as the 'bad boy' who does all the improper seizures. The evidence gets excluded, the court reprimands the Bad Boy each time - but the department still gets drugs/guns/money. Net win for cops, net loss for rule of law.
Did he pay his sanctions?
Both articles (TechDirt and The Smoking Gun) are silent about the monetary sanctions. By my count, Liebowitz owes the clerk of the court a few thousand dollars.
Any word on if he ponied up?
How much went to John Glenn?
Millions saved for the government. All it took was a whistleblower willing to sacrifice his career. So did he get anything?
Need a Senate Bill number
I can't seem to find it on senate.gov, so does anyone know the SB-number for the Senate bill?
I can contact my Senators manually, but still need the bill number.
Oh - can a mod delete my earlier comment above? Dingbat mistake - I hit Enter instead of Shift.
Need a Senate Bill number
(untitled comment)
I've read several of these suppression-of-evidence stories, where courts get it right. But I'm not clear on how the seizures work out. Does Lopez get his property returned?
If the case falls apart, but the cops keep the money and sell the gun, then a perverse incentive remains. Never mind the case - do a fresh illegal search every six months. Lose the cases, keep the money, and sell the new guns.
btw, why is money suspicious in a home? Or a gun? Are we all suspicious unless we're dead broke? Why didn't they seize only the drugs?
typo corrections
First sentence: "shiny new net neutrality **lawsuit** pending" - lawsuit -> law
Last paragraph: "claiming that the FCC's net neutrality **real** pre-empts (bans)" - real -> repeal
Typo in first sentence
It should be Stormy Daniels, followed by real name.
(untitled comment)
(untitled comment)
Swearing is fine in a news quote - it's what someone else said. But editorial swearing is not a normal element of news.
There is a 3rd option
They should try #1 appeal. Should that fail, take the contempt charge. It's embarrassing for free governments to jail members of the press. Regardless, it's the right choice for a journalist - keep their word to their source.
(untitled comment)
The missing link: https://lavabit.com/
(untitled comment)
(untitled comment)
They change their terms pronto, and you get some cash. I wish all problems could be solved so easily.
(untitled comment)
Techdirt has not posted any stories submitted by reader50.
Submit a story now.
Tools & Services
TwitterFacebook
RSS
Podcast
Research & Reports
Company
About UsAdvertising Policies
Privacy
Contact
Help & FeedbackMedia Kit
Sponsor/Advertise
Submit a Story
More
Copia InstituteInsider Shop
Support Techdirt