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Court: Cops illegally taped nursing home sex Judges says husband of woman in coma had expectation of privacy MADISON, Wis. - Police who videotaped a man having sex with his comatose wife in her nursing home room violated his constitutional rights, an appeals court ruled Thursday. MSNBC article | ||
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The crazy thing about that article - well, there a few crazy things about it - is that a judge apparently signed off on a search warrant for it! I bet (the real) criminals avoid that town like the plague! Imagine what they would do if they suspected you of speeding in a school zone? lol | |||
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Excuse me, but the search warrant should have been sufficient to overcome the Fourth Amendment claim. Yes, there is an expectation of privacy, but the point of a search warrant is to provide a reasonable basis for collecting evidence of a crime despite the right to privacy. | |||
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Yeah, I couldn't really understand that, either. But I didn't read it very carefully either. | |||
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I'm with JB on this: a finding of a right to privacy wouldn't overturn a search warrant. But that was not the issue. The opinion, which can be found here, states that the circuit court had already determined that the warrant had been "improperly executed," and that the State was not contesting that issue. Apparently, the warrant (or at least the manner in which it was served) was bad, so the State was stuck with arguing that they didn't need a warrant in the first place because the defendant had no expectation of privacy. | |||
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I wonder if their warrants must be executed in three days like ours? | |||
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Whoa. And I thought The Notebook was bad. | |||
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Hmmmmmmm... I often thought my wife was comatose during sex. Maybe I should check for cameras. | |||
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Too much information, JohnW. | |||
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. . . though it's not The Notebook. Drunk man has sex with car Tuesday, September 16, 2008 Imagine parking up your new SUV on a nice quiet street, to pop to the shops only to come back and see a man hitting on your car. And when we say 'hitting,' we don't mean the kind with a baseball bat. The article. | |||
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...Ew, and there's even a picture! I guess this video wasn't an invasion of his rights. | |||
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I think he's about to set off the airbags. LOL. | |||
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quote: +1 I wonder if that will void the warranty? | |||
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quote: You probably give him too much credit. | |||
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