You can go to the closest USA office, there a few usually close to anywhere. It doesn't even have to be in the same state. Plenty of times I've had evidence from another state sent to the USA closest to me.
Now the argument has shifted from "is there a law" to "I don't agree with its application" or "I don't think this should be against the law" or "I don't think this should be enforced".
That is a whole different thread…
If you were caught speeding on your way to the Hospital while your wife was having a medical emergency, as long as you didn’t hurt someone else, do you really deserve the ticket? Could you not explain the reason you broke the law?
No I wouldn't "deserve" a ticket and yes I could explain why I broke the law but the fact is, I still broke the law.
The fact that someone order's you to break a law does not mean that the law was not broken. Justifying the reason for breaking the law does not change the fact that the law was broken.
I am simply stating what the law is, how it has been interpreted, and pointing out that it appears to have been broken in this case. I'm sure it was NOT intentional. I don't think that ANYONE needs to go to jail and I think that everyone is entitled to an adequate defense.
I know that Chattanooga, Knoxville and some other jurisdictions do their own forensic work and may have the ability to provide an examination room as you mentioned, but for most of the smaller departments and most of the ninety five counties they do not have this ability.
They don't have an office an examiner can use?
We can sit here all day and say the hell with the defense and who cares how far they need to go or how much money they need to spend, but I believe that will bog down the legal system.
I never stated or insinuated that we should say "to hell with the defense".
Mike,
I don't agree with them breaking the law, but I think that their desire to be accomodating is the reason why they do it. Only they know!
My arguments in the past were that I could not stop my business to drive to some office in another state to sit in an office from only 8-5 (when we have all put in 12-20 hour days when you hit a good spot in a case and don't want to stop) Also you don't have access to your resources like books, additional software, papers, etc. If you fly 1000 miles from your house and forget something it's a long ride back.
The govt solution was get the drives to the closest PD, USA, RCFL and that worked out well as the local PD stayed open much later, and I made a friend who I value and appreciate.
Mike,
I believe snorting cocaine and examining the evidence outside a Government facility are somewhat different, but I don’t really have time to properly type my response. In a sense you can always flip that type of argument around as well. If you were caught speeding on your way to the Hospital while your wife was having a medical emergency, as long as you didn’t hurt someone else, do you really deserve the ticket? Could you not explain the reason you broke the law?I can’t speak to how other States are laid out, but in Tennessee the TBI does most of the forensic examinations. I know that Chattanooga, Knoxville and some other jurisdictions do their own forensic work and may have the ability to provide an examination room as you mentioned, but for most of the smaller departments and most of the ninety five counties they do not have this ability.
In no way will I ever defend those people that look at, create, share or transfer CP. I believe they are broken people that cannot be fixed. This may sound crazy, but do you think Judges might be willingly showing disregard for the “Government facility” law because they are wanting to comply with the rules of discovery and they don’t want to create an undue burden on the defense? I’m sure the defense could go to the State lab to look at the evidence, but if they have to travel to a far away distance or spend excess monies they will appeal any decision. “Breaking one law to comply with another?”
We can sit here all day and say the hell with the defense and who cares how far they need to go or how much money they need to spend, but I believe that will bog down the legal system.