David - totally agree. And what was with the attitude? Thinking you should provide someone that has just admitted to committing a crime (probably a felony) with an internship. Yikes.
I am somewhat at a loss as to how the prosecutor or court allowed non-supervised (non-LE) access to known or suspected CP. Up here we set up a machine either at the Sheriffs (the equivalent of your bailiff) office, or almost always at our offices, that has all ability to make any copies via printer, USB etc. eliminated and allow the defense under LEO supervision to view the items that will be tendered or were identified. Allowing for the differences in Canadian and US law dealing with CP it still seems very odd that the defense would have been granted unsupervised access to, and the ability to "distribute" by copying, known CP.
Having said that I still wonder how they are filtering out the false positives, especially if they think they have a bunch of steg files. The OP also mentioned the contraband images being "behind" the apparent carrier files with no explanation of what he means by "behind".
OP, are you LE?
David - totally agree. And what was with the attitude? Thinking you should provide someone that has just admitted to committing a crime (probably a felony) with an internship. Yikes.
I am wondering if this attitude is a generational issue. I have been detecting a lot of "attitude" with intern-aged posters recently.
Unfortunately, not all in the legal profession have caught up with the Adam Walsh law. I had fight a circuit judge just last year who ordered production to the defense.
It's not even about the Walsh act.
Most LE fought pre and post allowing defense to have their hands on the evidence, even with incredible stipulations placed on them.
David - totally agree. And what was with the attitude? Thinking you should provide someone that has just admitted to committing a crime (probably a felony) with an internship. Yikes.
I am wondering if this attitude is a generational issue. I have been detecting a lot of "attitude" with intern-aged posters recently.
Shiver . . . does that mean I am . . . . . . OLD?
However I agree, I have seen it quite a bit. (My sister-in-law who is a teacher sees it even more, but I digress.) There is definitely what I would consider a lack of respect for not necessarily seniority or authority but maybe for the experience of those that have gone before us. Even at my age I still call a lot of people I am not personally familiar with Mr., sir or sometimes by their title. People in their 20s and early 30s seem more comfortable calling everyone by their first names no matter how long they have known them. Not saying that is necessarily bad, just different and not the way I was raised.
There also seems to be more of a sense of entitlement in that same age group.
Greetings,
Is there a legal requirement to report this? It appears a felony may have been committed.
-David
If a judge orders that the defense can examine the evidence (CP or otherwise), then it's legal to do so…the manner in how that is done may or may not be detailed, such as no limits or limited to examine in the confines of a LE agency. Now if there is no such order, then a whole new world of issues arise, such as possessing and duplicating CP with imaging, copying files, and so forth. I'd never advise touching that stuff without a clearly detailed and signed order by a JUDGE; not from a lawyer, not a supervisor telling me that I can. I'd have to see the order and signature.
If a judge orders that the defense can examine the evidence (CP or otherwise), then it's legal to do so…
I don't agree. No matter what a judge tells me to do, if I allow CP to be removed from government control, then I have just distributed it. Further, any judge that issues that order is violating federal law
18 usc 2251 sec. 504 (2)(A) "…a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography…"
18 usc 2251 sec. 504 (2)(A) "…a court shall deny, in any criminal proceeding, any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that constitutes child pornography…"
Yet, I still agree with you - if a judge orders me to do something illegal, it still is illegal.