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  1. #1
    Bob Loblaw's Avatar
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    More Mel Gibson weirdness

    Seriously? Geez, Mel...about 11 years ago, a famous scientist named Albert Einstien invented the "tape recorder." You should look into it, because that little invention has ended your career. Hmmm....Albert Einstein was jewish....IT'S ALL A PLOT!!!!!!!!!!!!!! A MASSIVE CONSPIRACY BY THE EVIL ZIONISTS TO DESTROY YOU!!!!!!!!!!! YOU WERE RIGHT!!!!!!!!!!!!!!!!!!!!!!!!! !!

    RadarOnline: Tape captures Gibson death threat against ex-girlfriend - CNN.com

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    Ducky's Avatar
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    You know, untreated syphilis can cause people to go insane.
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  4. #4
    Captain America's Avatar
    Captain America is offline Reed and Malloy were my FTOs
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    What's Hebrew for idiot?
    SI VIS PACEM PARA BELLUM

    "It's a great life. You risk your skin catching killers and the juries turn them loose so they can come back and shoot at you again. If your honest , your poor your whole life. And , In the end , you wind up dying all alone on some dirty street. For what? For nothing. For a tin star."
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    Renniger-Richards-Griswold-Owens

  5. #5
    pgg's Avatar
    pgg
    pgg is offline Damnit, I'm hungry again.
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    Be interesting to see how the recordings where obtained. In CA there are only a couple of exceptions listed for being able to record someone without their permission. Law Enforcement are able to, and if a judge puts it into a restraining order the person is able to. Would have to see a copy of the order though for that
    'Political Correctness is a doctrine fostered by a
    delusional, illogical liberal minority, and rabidly
    promoted by an unscrupulous mainstream media, which
    holds forth the proposition that it is entirely
    possible to pick up a turd by the clean end!'

    A fear of weapons is a sign of retarded sexual and emotional maturity. Sigmund Freud

  6. #6
    121Traffic's Avatar
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    Quote Originally Posted by pgg View Post
    Be interesting to see how the recordings where obtained. In CA there are only a couple of exceptions listed for being able to record someone without their permission. Law Enforcement are able to, and if a judge puts it into a restraining order the person is able to. Would have to see a copy of the order though for that
    I heard this on NPR. You guys have the all-consent rule...all parties being recorded have to consent to it. But will that make it a Fourth Amendment issue? Wife was doing the recording as I recall. She was not acting as an agent of the state as far as anyone knows, so while she may face a charge for obtaining it, won't the prosecution still be able to use it? Under what doctrine would it be suppressed? Citizens cannot, by definition, violate the Fourth Amendment, and the Exclusionary Rule only exists to suppress evidence gained through police misconduct or gross negligence.

    If my property is stolen, and I see it through the window at my neighbor's place, and I kick the door in to get it, I'm going to possibly be charged with the burg. My neighbor is still going to have to answer for possessing the stolen property though.

    Either way, it sure will eff up his rep.
    "If anything worthwhile comes of this tragedy, it should be the realization by every citizen that often the only thing that stands between them and losing everything they hold dear... is the man wearing a badge." -- Ronald Reagan, in the wake of the deaths of 4 CHP troopers in the Newhall Incident, 1970

    The opinions given in my posts DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "121Traffic" on O/R.

  7. #7
    MacLean's Avatar
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    I bet it doesn't hurt his career one bit.
    I'm your huckleberry...

    Quemadmoeum gladis nemeinum occidit, occidentus telum est!

    You can be the weapon, and the gun in your hand is a tool - or the gun is a weapon and you are the tool.


    I was looking for a saint who was a devil of a lover,
    but every girl I found was either one way or the other...



  8. #8
    pgg's Avatar
    pgg
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    Quote Originally Posted by 121Traffic View Post
    I heard this on NPR. You guys have the all-consent rule...all parties being recorded have to consent to it. But will that make it a Fourth Amendment issue? Wife was doing the recording as I recall. She was not acting as an agent of the state as far as anyone knows, so while she may face a charge for obtaining it, won't the prosecution still be able to use it? Under what doctrine would it be suppressed? Citizens cannot, by definition, violate the Fourth Amendment, and the Exclusionary Rule only exists to suppress evidence gained through police misconduct or gross negligence.

    If my property is stolen, and I see it through the window at my neighbor's place, and I kick the door in to get it, I'm going to possibly be charged with the burg. My neighbor is still going to have to answer for possessing the stolen property though.

    Either way, it sure will eff up his rep.
    I would want to see the restraining order first before making a case about the legality of the recording. Sometimes a judge will allow the protected party to record any contact between them. I would also have to see what it says regarding telephone contact. Some allow it some don't. The criminal threats section (422PC) I don't think would apply as the threat has to be immediate and the victim has to be in fear of their life right then. The DV issue though would be investigated then filed with the DA with a request for charges. I think to much time has lapsed for a probable cause arrest.
    'Political Correctness is a doctrine fostered by a
    delusional, illogical liberal minority, and rabidly
    promoted by an unscrupulous mainstream media, which
    holds forth the proposition that it is entirely
    possible to pick up a turd by the clean end!'

    A fear of weapons is a sign of retarded sexual and emotional maturity. Sigmund Freud

  9. #9
    121Traffic's Avatar
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    Quote Originally Posted by pgg View Post
    I would want to see the restraining order first before making a case about the legality of the recording. Sometimes a judge will allow the protected party to record any contact between them. I would also have to see what it says regarding telephone contact. Some allow it some don't. The criminal threats section (422PC) I don't think would apply as the threat has to be immediate and the victim has to be in fear of their life right then. The DV issue though would be investigated then filed with the DA with a request for charges. I think to much time has lapsed for a probable cause arrest.
    Right, but even if the wife obtained the recording illegally, i.e. she gets charged for the applicable offense of recording without consent, I still don't think that should keep the prosecution from being able to use the recording as evidence of broad abuse. Again...a private citizen cannot violate the Fourth Amendment, unless she was acting specifically as an agent for the state. Not trying to be argumentative, but under what legal doctrine would they suppress the evidence? Or are you not even arguing that it would be suppressed, and should I should buy you a steak because I'm being a shit?

    Not saying it should be their whole case, but I would think the recording could still be part of the entire body of evidence in the case. His comments (intended to harass, annoy, or alarm) would certainly constitute harassment here...especially if the calls were of a repeated nature, odd time of the night, after she told him not to call, etc.

    Here in CO, only one party's consent is needed to record. The closest applicable statute would be Wiretapping, including intercepting a cordless phone conversation. We have this subsection. Basically says that the recording can't constitute all of your probable cause, and it has to be used in conjunction with other evidence, but it can be used nevertheless.

    Colorado Revised Statutes]

    (4.9) It shall not be unlawful for a district attorney or law enforcement officer to listen to a recording of or to read a transcription of the contents of an electronic communication involving a cordless telephone when the district attorney or law enforcement officer has come into possession of such materials from a third party. In order to use such materials as evidence in a prosecution for a crime other than wiretapping or eavesdropping, the district attorney or law enforcement officer shall have a reasonable basis for believing that the recording or transcription is reliable and shall also have separate probable cause based on corroborating evidence to support a reasonable belief that the crime was committed. Nothing in this subsection (4.9) shall preclude a district attorney from prosecuting a person for a violation of section 18-9-303 or 18-9-304.
    "If anything worthwhile comes of this tragedy, it should be the realization by every citizen that often the only thing that stands between them and losing everything they hold dear... is the man wearing a badge." -- Ronald Reagan, in the wake of the deaths of 4 CHP troopers in the Newhall Incident, 1970

    The opinions given in my posts DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "121Traffic" on O/R.

  10. #10
    Xiphos's Avatar
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    He's completely melted down the last few years. Complete. Jack. Ass.
    Pleasing nobody, one person at a time.

    That which does not kill me, better start fucking running.

    If I lived every day like it was my last, the body count would be staggering.

    I intend to go in harm's way. -John Paul Jones

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  11. #11
    IMGreat101's Avatar
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    Quote Originally Posted by MacLean View Post
    I bet it doesn't hurt his career one bit.

    you are right.

    ole mel could get a gig with Imus?

  12. #12
    pgg's Avatar
    pgg
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    I could see it being used as evidence. Some of our judges are retarded enough that they would supress it. About the only good it would do though is maybe an admission on the DV case and/or a restraining order violation depending on what the order says. If he is continually calling her and harrassing her there is a section for that (653m PC). It is only a misdemeanor though.

    And you owe me a steak
    'Political Correctness is a doctrine fostered by a
    delusional, illogical liberal minority, and rabidly
    promoted by an unscrupulous mainstream media, which
    holds forth the proposition that it is entirely
    possible to pick up a turd by the clean end!'

    A fear of weapons is a sign of retarded sexual and emotional maturity. Sigmund Freud

  13. #13
    IMGreat101's Avatar
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    And you owe me a steak
    who you talkin' to?

  14. #14
    irishmick's Avatar
    irishmick is offline Do not mistake my kindness for weakness.
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    Quote Originally Posted by MacLean View Post
    I bet it doesn't hurt his career one bit.
    He still has a career?
    --"D.B.A.D." --Me

    --Life's tough...it's tougher if you're stupid.

    --"Genius may have its limitations, but stupidity is not thus handicapped." -Elbert Hubbard

 

 

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