To: JZelle
Ok... Let me start by saying this: Kiddie porn is an ultimate evil. Anyone doing such things to a child should be killed. Period. No second chances. Possession of kiddie porn, is aiding and abetting a known criminal act and should carry a heavy penalty.
However...
What is to stop a cop from getting an "anticipatory" warrant on YOU then sending you kiddie porn? Whether you wanted it or not?
Call it a paranoid hypothetical, but we've seen government entities do even worse things in the past.
3 posted on
03/22/2006 11:17:45 AM PST by
Dead Corpse
(I believe that all government is evil, and that trying to improve it is largely a waste of time.)
To: Dead Corpse
What is to stop a cop from getting an "anticipatory" warrant on YOU then sending you kiddie porn? Whether you wanted it or not?The difference between "probable cause" and "entrapment", that's what.
Dang, missed it by seconds!
6 posted on
03/22/2006 11:19:08 AM PST by
FormerLib
(Kosova: "land stolen from Serbs and given to terrorist killers in a futile attempt to appease them.")
To: Dead Corpse
What is to stop a cop from getting an "anticipatory" warrant on YOU then sending you kiddie porn? Whether you wanted it or not?All the perfectly valid laws against entrapment. Or, in your scenario, manufacturing and planting evidence.
This guy's check for the kiddie porn had already cleared.
8 posted on
03/22/2006 11:20:16 AM PST by
dead
(I've got my eye out for Mullah Omar.)
To: Dead Corpse
"
Call it a paranoid hypothetical, but we've seen government entities do even worse things in the past."Sounds an awful lot like entrapment to me.
I've seen the po-leese in Looziana stop a motorist, open the trunk of his car and throw in a bag of cocaine.
You really need to look out for some of those "good ol' boys."
To: Dead Corpse
What is to stop a cop from getting an "anticipatory" warrant on YOU then sending you kiddie porn? Whether you wanted it or not? My read on this case was that he wasn't prosecuted for the material that was delivered but for other child porn the subsequent search turned up.
12 posted on
03/22/2006 11:27:31 AM PST by
tx_eggman
(Islamofascism ... bringing you the best of the 7th century for the past 1300 years.)
To: Dead Corpse
What is to stop a cop from getting an "anticipatory" warrant on YOU then sending you kiddie porn? Whether you wanted it or not?I'm not sure if your referring to it, but I think that actually happened a couple of years ago.
It was ruled entrapment and tossed.
I'm going to try and dig that up in the archives to get more specs.
22 posted on
03/22/2006 11:37:56 AM PST by
Sonny M
("oderint dum metuant")
To: Dead Corpse
The difference as i understand it is that the porn in this case wasn't merely "sent" to the defendant, he ordered it.
26 posted on
03/22/2006 11:41:09 AM PST by
Elpasser
To: Dead Corpse
Ya know? I was thinking the same thing. What if you get into a beef with a neighbor and they decided to buy you some kiddie porn... letting the police in on their suspicion that you are a kiddie porn buyer, and pow... off to prison you go when the nondescript package arrives at your door. Only difference is this guy paid cash to an undercover, but still...?
34 posted on
03/22/2006 12:03:33 PM PST by
Mathews
(Shot... Splash... Out!)
To: Dead Corpse
What is to stop a cop from getting an "anticipatory" warrant on YOU then sending you kiddie porn? Whether you wanted it or not? Nothing.
37 posted on
03/22/2006 12:29:21 PM PST by
Doctor Stochastic
(Vegetabilisch = chaotisch ist der Charakter der Modernen. - Friedrich Schlegel)
To: Dead Corpse
What is to stop a cop from getting an "anticipatory" warrant on YOU then sending you kiddie porn? Whether you wanted it or not? That's called "entrapment". It's a valid defense against the charges from your example.
38 posted on
03/22/2006 12:32:13 PM PST by
TChris
("Wake up, America. This is serious." - Ben Stein)
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