• Justice@lemmygrad.ml
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    1 month ago

    Everyone should consider storing all their electronics just strewn across their roof. Time for bed? Toss your phone and laptop up there for the night. Instant plausible deniability. Judges hate this one weird trick

    • Awoo [she/her]@hexbear.net
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      1 month ago

      I’m not even sure what you do in this scenario if they succeeded. How is “i’ve never seen that before” going to hold up in court? Judge isn’t gonna care, if it’s on your property then it’s yours.

      Fucking evil.

      • Justice@lemmygrad.ml
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        1 month ago

        I mean kinda. For practical reasons “yes.” I would think (speculation alert) that prosecutors are tasked with providing actual evidence that the defendant had access to, did access, etc. the files. If they’re on your harddrive or something that’s pretty easy to do. “It’s their phone. Obviously they had access.” Maybe they even provide receipts proving when and how many times they did access the files (although possession is all that’s required. But just for a more damning case.)

        If it’s a random ass usb drive, especially in a weird place like a roof, a yard, any other exterior locations, I would like to think and believe that the court must prove you actually are the owner of that drive. It seems a bit insane otherwise. It is possible for digital forensic people to prove it, so it’s not like it’s a 100% “out” for anyone to claim “I dunno, man. Not mine.”

        Like if someone tossed a murder weapon in your bushes three months ago and you never saw it. One day while you’re at work a neighbor is walking by, sees the shiny object, gets nosy and sees it’s a gun, calls the cops suspecting something weird. What happens there? I dunno. I really don’t. And I sure as shit ain’t typing any of that into a search engine. I need a libertarian lawyer. A free man on the land to explain it to me. Admiralty court style.