Question for attorneys re search warrants

Well in the US you can’t just ask an attorney a question like this unless they’re a close friend. My experience with attorneys I’ve retained is not only will they never engage in hypotheticals (understandable) but also seem unwilling to give opinions regarding precise questions where all facts are know. For instance… I had an attorney review an NDA a client requested I sign. My primary concern related to certain intellectual property I created prior to being retained and during the period between first day retained by client and the date the NDA would be signed. This was a large law firm and they billed @ $750/hr back in 2005 so I anticipated solid legal advice. My only question was “Does the NDA include information/trade secrets I acquired prior to signing the NDA?” They ended up billing me for several hours including a meeting with three attorneys (partner and two associates) and they never answered my question beyond a “possibly”.

An Internet Hifi Forum is even less likely to give a definitive answer to a legal question than a lawyer, although I accept it is cheaper.

Bruce

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My mate Dangerous Dave does patios, no questions asked. Do you want his number?

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In this case I’m not anticipating a definitive answer since it’s a completely hypothetical scenario. Really just trying to formulate a plausible legal theory supporting both outcomes.

Through a bit of research I’ve learned that there is “no Right to privacy under English law” which is a bit different vs US law. My internal sense of justice requires a person not be stripped of their 4th amendment protections based solely on a 49% chance evidence of an unrelated 3rd party’s crime exists on property once controlled by the 3rd party. Unfortunately I’m not a constitutional law scholar so I lack meaningful insight into case law addressing the word “unreasonable” in the context of the 4th amendment. I used to have a subscription to Westlaw but they’ve changed their subscription model so it’s hard to justify simply to gauge possible minor incongruences between my morality and the law. So I pose a relevant hypothetical on a forum with a diverse membership whom I’ve inferred are highly educated based, in part, on evidence of above average disposable income. Also… I’m not really on any other forums.

Weed is pretty much legal, don’t worry.

In the US there are places where consensual heterosexual oral sex between married couple is a crime punishable up to 10 years in prison. Homosexuality is illegal in Texas. In some states 14 year old children can legally marry.

In the US it is illegal for a child to take a picture of himself naked. There was a case involving a teenaged couple who shared naked pics and both of them were successfully prosecuted for producing child pornography. They are now required to register as sex offenders. They were 16 or 17 at the time they took the pics and the pics weren’t sold or distributed beyond the two of them. If an adult sent those kids unsolicited nude pictures, the State considers that a much less serious crime.

I knew a guy from high school in the 80’s who went to jail for statuary rape. Sounds really serious until you learn the facts. He just turned 18 and his girlfriend was almost 16. They were both students. Age of consent was 16. Thing is back then nobody in high school knew that you had to be a certain age to consent. Consent laws were created to protect children from adults not to criminalize premarital sex among high school kids.

Texas wants to offer rewards to people who turn in women who leave the state to have an abortion under less constrictive conditions than allowed in Texas.

Finally there are some states that have laws criminalizing female masturbation.

Where I exist possession of any amount of thc is a felony.

Perhaps the moral of the story is just that US law is seriously flawed, both in premise and execution?

Where i live in Western Europe you never hear of any weird laws like that, let alone them actually being enforced…

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Yep, most of the laws in Western Europe and the UK in particular, seem pretty reasonable to me. Ditto Canada, Aus and NZ.

Even so, now and again, I hear of some situation were the law is clearly a proverbial ass. At least to my mind. And then, to my utter surprise, I discover people who don’t agree with me and actually consider that law to be utterly reasonable.

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