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  #1461  
Old July 28th, 2014, 08:51 AM
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We have something known as "due process" that defines how our legal process has to operate. Due process was skirted here by getting a magistrate to declare the vehicles contraband. The warrant swearing out the reasons for the judge outlining why they were contraband is flawed . So yeah, even you should be pissed if you have even a basic understanding of what has happened.
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  #1462  
Old July 28th, 2014, 08:55 AM
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I've read somewhere the placing I non confirming engine or an engine that entered the country as parts is a no no. What does that make the whole truck? I just asking. -whistling
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  #1463  
Old July 28th, 2014, 09:01 AM
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Quote:
Originally Posted by Uncle Douglas View Post
We have something known as "due process" that defines how our legal process has to operate. Due process was skirted here by getting a magistrate to declare the vehicles contraband. The warrant swearing out the reasons for the judge outlining why they were contraband is majorly flawed in multiple ways. So yeah, even you should be pissed if you have even a basic understanding of what has happened.
Maybe the warrant was flawed but I distinctly remember reading the part where it said there was more evidence not just what was presented in the warrant to bring the vehicles into custody.

Lets say the evidence is majorly flawed, not just slightly flawed. All vehicles are returned. Then they make another warrant with all the evidence that they have that isn't flawed. What would happen then?
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  #1464  
Old July 28th, 2014, 09:17 AM
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Originally Posted by mgreenspan View Post
Maybe the warrant was flawed but I distinctly remember reading the part where it said there was more evidence not just what was presented in the warrant to bring the vehicles into custody.

Lets say the evidence is majorly flawed, not just slightly flawed. All vehicles are returned. Then they make another warrant with all the evidence that they have that isn't flawed. What would happen then?
This is exactly the type of thing Will specifically asked we don't post or respond to for very obvious reasons. Who exactly are you trying to help ?
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  #1465  
Old July 28th, 2014, 09:20 AM
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Let this post be the last one before Will responds again with an update. You are all going in circles and there is no real value add from anything said over last few days. our interpretation of the law does not matter at all. Let's get back to talking about how to fix our shit in other threads, and less talk about this subject and my beagles.
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  #1466  
Old July 28th, 2014, 09:21 AM
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Quote:
Originally Posted by Uncle Douglas View Post
This is exactly the type of thing Will specifically asked we don't post or respond to for very obvious reasons. Who exactly are you trying to help ?
My last post is giving somebody ideas? Do you honestly think the government can't think on its own to create a second warrant?
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  #1467  
Old July 28th, 2014, 09:28 AM
the rover shop
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shayne young
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Look guys.. The other evidence as far as we know may be what they have collected on the raid of dr Aaron's place,. Bottom line is that we won't know until will lets us know and by that time hopefully it will be facts not assumptions.. Now... About those beagles..??

------ Follow up post added July 28th, 2014 09:31 AM ------

Quote:
Originally Posted by cgalpin View Post
This is why I have been advocating the "single aussie per thread" rule...
That's the thing about us Aussies... You just never know how many are here...lurking in the shadows.. Just waiting.."..
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  #1468  
Old July 28th, 2014, 09:37 AM
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The easy to figure out vehicles have been released. Consider them the low hanging fruit. Anymore "suspects released without bail" will only happen after a more in depth physical exam.

Its now like your annual physical. Your vital signs and blood test results may be good, but you still get worried when your doctor puts on the rubber gloves and says bend over......
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  #1469  
Old July 28th, 2014, 09:41 AM
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Originally Posted by the rover shop View Post
That's the thing about us Aussies... You just never know how many are here...lurking in the shadows.. Just waiting.."..
oh shit
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  #1470  
Old July 28th, 2014, 11:13 AM
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Quote:
Originally Posted by mgreenspan View Post
Lets say the evidence is majorly flawed, not just slightly flawed. All vehicles are returned. Then they make another warrant with all the evidence that they have that isn't flawed. What would happen then?
I'm not a lawyer but I don't think it works that way. The evidence they provided was probably all they had to go on relative to these specific vehicles. They may hVe other evidence that is not specific to these trucks. My guess is this was a fishing expedition to get the trucks into DHS hands so as to look for more evidence in order to build their case. But, like you I have no specific knowledge regarding the case so it is all just conjecture.
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  #1471  
Old July 28th, 2014, 11:28 AM
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Take a deep breath...

Hey, folks. Doug and WillH have given excellent advice: chill out and await updates from Will. All this churn is going to unnecessarily cause someone to have an ulcer or worse. Some of the hypotheticals could even provide ideas to Big Brother. Don't make things worse than they are at present.

"DON'T MAKE ME STOP THIS CAR!"

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  #1472  
Old July 28th, 2014, 11:32 AM
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Originally Posted by Rover Lover View Post
Hey, folks. Doug and WillH have given excellent advice: chill out and await updates from Will. All this churn is going to unnecessarily cause someone to have an ulcer or worse. Some of the hypotheticals could even provide ideas to Big Brother. Don't make things worse than they are at present.

"DON'T MAKE ME STOP THIS CAR!"

We are just trying to get to 2,000 posts.
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  #1473  
Old July 28th, 2014, 11:39 AM
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Quote:
Originally Posted by Ren Ching View Post
I'm not a lawyer but I don't think it works that way. The evidence they provided was probably all they had to go on relative to these specific vehicles. They may hVe other evidence that is not specific to these trucks. My guess is this was a fishing expedition to get the trucks into DHS hands so as to look for more evidence in order to build their case. But, like you I have no specific knowledge regarding the case so it is all just conjecture.
If you have a warrant that was issued based in non-factual information, are you allowed to use any evidence gathered from that warrant? I thought that if a warrant becomes invalid, then any information resulting from that warrant is not admissible. I assume that is why they needed to return those six vehicles immediately. The basis for the seizure of those was grossly incorrect information.
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  #1474  
Old July 28th, 2014, 12:00 PM
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Originally Posted by Red90 View Post
If you have a warrant that was issued based in non-factual information, are you allowed to use any evidence gathered from that warrant? I thought that if a warrant becomes invalid, then any information resulting from that warrant is not admissible. I assume that is why they needed to return those six vehicles immediately. The basis for the seizure of those was grossly incorrect information.

Do some research on "exclusionary rule" and "fruits of the poisonous tree doctrine"

I not a lawyer but did stay at a Holiday Inn express and there were 2 beagles humping in the parking lot...
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  #1475  
Old July 28th, 2014, 12:28 PM
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I not a lawyer but did stay at a Holiday Inn express and there were 2 beagles humping in the parking lot...
You are now qualified as an expert because of this.
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  #1476  
Old July 28th, 2014, 12:33 PM
the rover shop
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shayne young
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You are now qualified as an expert because of this.
Yeah but..."I not a lawyer"... Lol... Obviously not an English major either... ROTFPML...
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  #1477  
Old July 28th, 2014, 12:37 PM
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I nvere claimde to be smrat...
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  #1478  
Old July 28th, 2014, 12:47 PM
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Quote:
Originally Posted by Ren Ching View Post
I'm not a lawyer but I don't think it works that way. The evidence they provided was probably all they had to go on relative to these specific vehicles. They may have other evidence that is not specific to these trucks. My guess is this was a fishing expedition to get the trucks into DHS hands so as to look for more evidence in order to build their case. But, like you I have no specific knowledge regarding the case so it is all just conjecture.
"Because this affidavit is being submitted for the limited purpose of securing a
warrant of arrest, I have not included each and every fact known to me concerning this
investigation. I have set forth only those facts that I believe are necessary to establish probable
cause to believe that violations of federal criminal laws relating to the illegal importation of
motor vehicles have occurred"

That is directly from the warrant. I doubt they lied about what they know to see if they can find something.
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  #1479  
Old July 28th, 2014, 01:11 PM
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I don't have a truck in this "beagle fight". But I would be very upset if mine was not returned based on conjecture and hearsay in some of the post.
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  #1480  
Old July 28th, 2014, 01:16 PM
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Quote:
Originally Posted by mgreenspan View Post
"Because this affidavit is being submitted for the limited purpose of securing a
warrant of arrest, I have not included each and every fact known to me concerning this
investigation. I have set forth only those facts that I believe are necessary to establish probable
cause to believe that violations of federal criminal laws relating to the illegal importation of
motor vehicles have occurred"

That is directly from the warrant. I doubt they lied about what they know to see if they can find something.
Yeah I read it too. Key words "this investigation". Not "these specific vehicles." No one said they were lying. Just looking for low hanging fruit. get the trucks in and then start looking for further evidence. If they had enough evidence to bring the case to conclusion they would have already done that.

Its pretty obvious and common sense, not sure what part of it you don't understand. You clearly need to start watching more TV.
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