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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, Flamebait) by Anonymous Coward on Wednesday March 22 2017, @11:13AM (12 children)

    by Anonymous Coward on Wednesday March 22 2017, @11:13AM (#482647)

    Except the God allows men to have female children as brides, including when the man rapes that young girl.
    Dt chapter 22: verse28-verse29, hebrew (discussion: http://pastebin.com/mzFJyxea [pastebin.com] ), numbers 31,)

    Your Jesus CUNTRY should be destroyed.

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  • (Score: -1, Offtopic) by Anonymous Coward on Wednesday March 22 2017, @11:24AM (1 child)

    by Anonymous Coward on Wednesday March 22 2017, @11:24AM (#482652)

    Well, if you are quoting the bible, you should note that the bible also forbids anyone to make images. Even if it is interpreted as only forbidding images of god, then it still says god made man in his image, and therefore it is to conclude that any image of a human is also indirectly an image of god, and therefore forbidden by the bible. Since child porn is by definition the image of a human (indeed, one maximizing what it shows of that human), you still have to conclude that child porn violates god's law.

    • (Score: 0) by Anonymous Coward on Thursday March 23 2017, @10:48AM

      by Anonymous Coward on Thursday March 23 2017, @10:48AM (#483165)

      The people persecuting men for viewing child porn are persecuting the men because the existence of the child porn proves that the man is attracted to (usually female) children rather than adult women.

      A pillar of control over females by men is to marry them off "good and young".

      White, Proud, Christian men follow the will of Jesus closely; he protected and elevated women while smashing men into the dirt. Where God (of the Armies, the Eternal one) raised man up as overlord of the female, and unpunished rapists of the girl child: a true ruler.... Jesus rejected the Law of the Eternal One and debased man into a protector of the woman, her foot solider, and a slave who may not even look at a woman, while allowing the woman to have sex with as many men as she wished without punishment.

      The people persecuting men for child porn are not executing God's law, they are executing Jesus' law and the religion of women. The main crux of the persecution is to rid the society of even a hint of man-girl pedophillia as even if all other laws stood: if men could have female children as brides: men would rule over women from that day forward. Animals rarely turn on those whom they knew since childhood, while only Dogs are loyal even if adopted as an adult.

  • (Score: 0) by Anonymous Coward on Wednesday March 22 2017, @01:18PM

    by Anonymous Coward on Wednesday March 22 2017, @01:18PM (#482689)

    But loli haet pizza. :(

  • (Score: 0) by Anonymous Coward on Wednesday March 22 2017, @01:45PM (1 child)

    by Anonymous Coward on Wednesday March 22 2017, @01:45PM (#482699)

    American women have the right to bear arms and kill their would-be rapists. God's Greatest Country's Constitution TRUMPS Deuterpastaroni.

    • (Score: 0) by Anonymous Coward on Thursday March 23 2017, @10:41AM

      by Anonymous Coward on Thursday March 23 2017, @10:41AM (#483164)

      Incorrect. Females are not members of the militia: only abled bodied men were.
      Females do not have the right, but they have taken it.

      In modern christian societies women have more of a right to arms then mmamamaahaaaalalllleeeesssssss since mmmmmaaaaaaalllleeesss are easily denied the right via a police report by a woman.

      Half of american maaaaallleeess hate their society. This is why they drop out of it. The same goes with many modern countries, Japan included.

      Perhaps one day they will destroy their society. Probably not, but one can hope.
      A dead society means the women who rely on it suffer and die.

  • (Score: 1, Offtopic) by Azuma Hazuki on Wednesday March 22 2017, @04:12PM (6 children)

    by Azuma Hazuki (5086) on Wednesday March 22 2017, @04:12PM (#482802) Journal

    Figures you'd show up here, Mikee. Like flies to shit. I bet you've got yourself a good-size stash of CP on your machine. Hopefully the cops pay you a visit :) It'd be like two kaiju fighting it out: whoever loses, we win, because there's one less awful monster on the loose.

    tl;dr: kono rorikon domome!

    --
    I am "that girl" your mother warned you about...
    • (Score: 0) by Anonymous Coward on Thursday March 23 2017, @10:52AM (5 children)

      by Anonymous Coward on Thursday March 23 2017, @10:52AM (#483167)

      Nope. I wish to have an actual child bride. I do not seek out, view, or collect contraband.

      However if attacked, God willing, I will attack back; only it will be found that I and my adversary died for nothing.

      • (Score: 1, Offtopic) by Azuma Hazuki on Thursday March 23 2017, @06:31PM (4 children)

        by Azuma Hazuki (5086) on Thursday March 23 2017, @06:31PM (#483330) Journal

        So come make good on those death threats you made to me a year and a half ago. If you got the balls. Which you don't.

        Funny how you go utterly silent and stop posting on any subthread when I reply with this :) It's almost like you know even a woman--granted, a ridiculously tall one who's almost as heavy as a man--could kick your ass, and the shame of it would make you commit suicide. We can only hope.

        --
        I am "that girl" your mother warned you about...
        • (Score: 0) by Anonymous Coward on Friday March 24 2017, @11:58AM (3 children)

          by Anonymous Coward on Friday March 24 2017, @11:58AM (#483604)

          I don't know who you are, where you exist, and I would never attack someone in an honourable manner.
          I would strike from the shadows. With you I cannot do that, so why would I?

          Enemies should be shot in the back with a tokarev, not squared off with.

          • (Score: 2) by Azuma Hazuki on Friday March 24 2017, @04:43PM (2 children)

            by Azuma Hazuki (5086) on Friday March 24 2017, @04:43PM (#483737) Journal

            God, you're pathetic. You can't even face a woman head-on, despite all the shit you talk about us.

            Get it through your mainframe, bro-bot: you will NEVER have sex, EVER, with ANYONE, let alone an underage girl you fucking paedo. Your life is a failure, you have no future, and if you killed yourself now the entire world would be a marginally better place for it.

            --
            I am "that girl" your mother warned you about...
            • (Score: 0) by Anonymous Coward on Friday March 24 2017, @09:00PM (1 child)

              by Anonymous Coward on Friday March 24 2017, @09:00PM (#483863)

              >Your life is a failure, you have no future,
              I know. I have known since I was 6.

              >and if you killed yourself now the entire world would be a marginally better place for it.
              Perhaps such is what women do. I am a male: I do not wish to make the world a marginally better place for you.
              I wish to make the world a worse place for you, and a better place for me. Barring that: a worse place for you.

              • (Score: 0) by Anonymous Coward on Saturday March 25 2017, @02:22PM

                by Anonymous Coward on Saturday March 25 2017, @02:22PM (#484107)

                #notallanonymouscowards