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To: mairdie; Cboldt

If there was no final adjudication on the case they can’t convict.
I guy I used to work for WAS convicted.
He appealed and during his appeal he was murdered.
They had to change his conviction to not guilty.

As far as the confiscated stuff under the search warrant ? don’t know...can the estate challenge the warrant ?
Perhaps we could ping our resident expert ?


1,912 posted on 08/10/2019 8:48:35 PM PDT by stylin19a (2016 - Best.Election.Of.All.Times.Ever.In.The.History.Of.Ever)
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To: stylin19a
can the estate challenge the warrant ?

No, once the defendant is dead, no challenge can be presented, as the defendant is the only one who can challenge the warrant.

1,916 posted on 08/10/2019 8:52:35 PM PDT by blu (WWG1WGA)
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To: stylin19a; mairdie
Caveat: no significant research. I believe the 4th amendment protection against unreasonable search applies ONLY when the case is brought by the government. That is, cases styled "US vs." or "State vs." or "Government vs." Assuming a 4th amendment violation, the remedy would be to exclude the evidence obtained by the government.

Any monies or property claimed by the state in association with its case against Epstein must be returned to the estate on account of Epstein is dead. The estate has no need to sue the government for return of property taken on alleged 4th amendment violation.

The 4th amendment has no play in "person v estate" civil cases. The question of 4th amendment in civil cases brought by the government is an open issue.

Off the point of your question, warrantless snooping by wiretap has civil penalties against the government. These statutes are just for show. Suits based on them are usually dismissed. In contrast, no warrant is required for snooping in person using human sources - "spies."

1,999 posted on 08/11/2019 1:46:00 AM PDT by Cboldt
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