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posted by on Wednesday March 22 2017, @08:19AM   Printer-friendly
from the better-treatment-than-if-he's-guilty dept.

On Monday, a US federal appeals court sided against a former Philadelphia police officer who has been in jail 17 months because he invoked his Fifth Amendment right against compelled self-incrimination. He had refused to comply with a court order commanding him to unlock two hard drives the authorities say contain child porn.

The 3-0 decision (PDF) by the 3rd US Circuit Court of Appeals means that the suspect, Francis Rawls, likely will remain jailed indefinitely or until the order (PDF) finding him in contempt of court is lifted or overturned. However, he still can comply with the order and unlock two FileVault encrypted drives connected to his Apple Mac Pro. Using a warrant, authorities seized those drives from his residence in 2015. While Rawls could get out from under the contempt order by unlocking those drives, doing so might expose him to other legal troubles.

In deciding against Rawls, the court of appeals found that the constitutional rights against being compelled to testify against oneself were not being breached. That's because the appeals court, like the police, agreed that the presence of child porn on his drives was a "foregone conclusion." The Fifth Amendment, at its most basic level, protects suspects from being forced to disclose incriminating evidence. In this instance, however, the authorities said they already know there's child porn on the drives, so Rawls' constitutional rights aren't compromised.

[...] The suspect's attorney, Federal Public Defender Keith Donoghue, was disappointed by the ruling.

"The fact remains that the government has not brought charges," Donoghue said in a telephone interview. "Our client has now been in custody for almost 18 months based on his assertion of his Fifth Amendment right against compelled self-incrimination."

-- submitted from IRC


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  • (Score: -1, Troll) by Anonymous Coward on Wednesday March 22 2017, @11:11AM (8 children)

    by Anonymous Coward on Wednesday March 22 2017, @11:11AM (#482645)

    The God of the armies allows men to have female children as brides, including in cases of rape.
    Jesus cuntries (ALL white cuntries) oppose this and bomb any place that follows the law of the God Jesus seemed to oppose.

    >Your blasphemy of Jesus will not go unnoticed in Heaven, I assure you. God will not be mocked.

    Jesus is not my God. The God written of in the book of Dtrnmy is my God. The God who, when asked by Moses what his name was, simply replied... I am... who I am. The God that is eternal and changes not his Law, who simply Is, is my God.

    Jesus, who proclaimed that one must hate his father and mother (vs honoring them), who proclaimed that if one is able to cut his own genitals off "let him do it for the kingdom of heaven" (vs no one who has cut or crushed genitals shall enter the assembly), who proclaimed that if a man looks at a woman he has committed adultery (vs no limit on the amount of females a man may have), who let the adulterous woman walk (vs being killed), who's ministers taught that one must die for the woman (vs, being the overlord of the female), who himself said "if anyone offends one of these children, it would be better if he were drowned via a millstone" (vs raping female children and keeping them (dtrnmy chapter 22, verse 28- verse 29, hebrew, numbers 31)), who proclaimed that no one comes to HIS heavenly father but through him (who is his heavenly father?), who proclaimed that the FATHER OF THE JEWS (The Overlord of the Armies) is THE AVERSARY,

    That person. Jesus. Is. Not. MY. GOD.

    He Hates My God. He hates everything My God stands for. And so do you: My Enemy.

    Were it in my power, I would do anything to defeat you, cuckold scum.

    Man is Overlord of the Female; and girls are his Birthright.

    Anyone opposed to the Ruler, the God of the Armies, who says "let us follow this other Judge/Ruler/God" is commanded to die (-Dtrnmy).

    There is no penalty for blasphemy against a false prophet. Only against the will of the God of the Armies. To not blaspheme against your false deity and to instead speak the Truth that the Lord of the Armies gave; his Law; his Will; that of he who simply exists for all time and is unchanging...: that would be an offense.

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  • (Score: 1, Offtopic) by Azuma Hazuki on Wednesday March 22 2017, @04:17PM (7 children)

    by Azuma Hazuki (5086) on Wednesday March 22 2017, @04:17PM (#482812) Journal

    You won't do shit, Mikee. You're a fat impotent unwashed slob sitting in your mother's basement trying to jack off to Cardcaptor Sakura hentai. Any one of us here, including the crazy guy and the guy in the wheelchair, could take you.

    --
    I am "that girl" your mother warned you about...
    • (Score: 0) by Anonymous Coward on Wednesday March 22 2017, @06:47PM (1 child)

      by Anonymous Coward on Wednesday March 22 2017, @06:47PM (#482886)

      You really ought to make an effort to usefully report the guy to the authorities.
      If he hasn't already, he clearly wants to hurt people.

      • (Score: 0) by Anonymous Coward on Thursday March 23 2017, @10:29AM

        by Anonymous Coward on Thursday March 23 2017, @10:29AM (#483158)

        You actively hurt people; but they're mmmaaaalllleeesss so who cares.
        You bomb every culture that allows men to have female children as brides.
        You hunt down every man across the globe that acquires a girl for himself.

    • (Score: 0) by Anonymous Coward on Thursday March 23 2017, @10:26AM (4 children)

      by Anonymous Coward on Thursday March 23 2017, @10:26AM (#483157)

      Believe whatever you want, cunt.

      • (Score: 1, Offtopic) by Azuma Hazuki on Thursday March 23 2017, @06:35PM (3 children)

        by Azuma Hazuki (5086) on Thursday March 23 2017, @06:35PM (#483334) Journal

        Then come and get me, ya fat dickless sack of crap :D I'll tell your buddies in hell to put out the good china so y'all can have a tea party when you get there.

        --
        I am "that girl" your mother warned you about...
        • (Score: 0) by Anonymous Coward on Friday March 24 2017, @11:32AM (2 children)

          by Anonymous Coward on Friday March 24 2017, @11:32AM (#483596)

          You're not a qt3.14 young girl; why would I want to come get you?

          I want people like you: cunt feminist bitches, to be dead. I do not want to come get you.
          I celebrate when Putin and the Afghan men murder one of your kind: they are obeying the Law of the Lord of the Armies.

          If the God of Dtrnmy is in hell; that is where I wish to end up.
          I wish to be as far away as possible from Jesus, the people Jesus likes (feminist women) and his "Heavenly Father" (whereas the Father of the Jews: the Lord of Hosts(armies) is, according to Jesus, the adversary)

          Hopefully meek sweet girls are dragged down to hell for not being obedient to Jesus' plan for them and instead obeying his adversary and being supplicants to men as they should be.
          If not, surely with all the male brains down there, qt3.14 girls can be re-engineered: I mean... one burns forever without being consumed by the fire supposedly... so once acclimated the eternal life in the galactic tropics will give more than enough time to re-engineer some DNA... and we'll have our God there too apparently; and I'm sure He knows all there is to know about the subject.

          ... I'm pretty sure there are Anime girls (like Anzu when she has makeup on) in hell as we speak if the Lord of the Armies is in hell while Jesus and his feminist supporters reign in heaven thusly...

          • (Score: 2) by Azuma Hazuki on Friday March 24 2017, @04:45PM (1 child)

            by Azuma Hazuki (5086) on Friday March 24 2017, @04:45PM (#483738) Journal

            Oh don't worry, you are *definitely* going to Hell. And you're gonna reincarnate as a girl, I bet. Now could you explain how a cartoon character ends up in Hell? They aren't real!

            --
            I am "that girl" your mother warned you about...
            • (Score: 0) by Anonymous Coward on Friday March 24 2017, @08:56PM

              by Anonymous Coward on Friday March 24 2017, @08:56PM (#483861)

              Anzu is a real girl that exists. A turkish one.