Come on guys, would you go this far?

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jshen

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DaleM said:
The only option it apears is to change the law. What killed me is the cop who said, but thought he might have broken a law but did not know which one. How the hell do you come up with that! Maybe he was looking for a loitering law and stumbled into this craziness. Yes change the damn law.

Actually it is quite easy for that to happen. Criminal sanctions for acts are found in other codes than just the criminal code. In this state, there are criminal acts found in quite a few of our books that law enforcement officers would not normally encounter- juvenile code, traffic code, fire code..etc. Computer related theft laws are relatively very new and keeping up on them is tough enough for the lawyers- let alone the uniformed officer.
 

DaleM

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mswaim said:
I would be curious to see the reaction of any of you who feel this is not wrong - if it was your internet access being compromised.

Do I think it raises to the level of a felony? No, but I didn't write the statute. And based on the final outcome, I would guess the prosecutor in Sparta fel the same way.
MS to me compromised means having a closed system and outsiders gathered information of importance via illicit means. Not a system that is broadcast to the open airwaves like broadcast TV. Make it a secure server like the airport uses. Issue each customer a password. Again I understand the law is the law, some of them sure could be better used. Here is a lawyer question so don't feel compelled to answer: What harm was cause by him sitting outside vs. inside? He did not get a Latte? No reason to be a felony, well in this case it is. Sorry it just kills me.
 

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He broke the law, the law had felony punishment. Do the crime, do the time.

Personally, I would have shown him the felony law, and then charged him with theft making it quite clear that if he returned, or attempted to challenge the theft charge in anyway, I would re-charge him with the Felony.
 

FordSVTFan

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lucafu1 said:
did i hurt someones feelings with my post? i guess it was best to delete it all together.

Hurt Feelings? No!! You should take some time to read the rules of this forum before posting again. That will help you to avoid your inappropriate posts.
 

mswaim

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DaleM said:
MS to me compromised means having a closed system and outsiders gathered information of importance via illicit means. Not a system that is broadcast to the open airwaves like broadcast TV. Make it a secure server like the airport uses. Issue each customer a password. Again I understand the law is the law, some of them sure could be better used. Here is a lawyer question so don't feel compelled to answer: What harm was cause by him sitting outside vs. inside? He did not get a Latte? No reason to be a felony, well in this case it is. Sorry it just kills me.

I agree with you, to me this is more of the civil issue than a criminal one since the "loss" is not very tangible. The problem lies in the fact there is very little legal ground to stand on, since the closest, applicable sections are being stretched to cover situations the authors never thought of. In the case you cited, the closest applicable section was a felony, however the prosecutor chose to settle it at a much lower level.

Also keep in mind almost every municipality has city ordinances, most if not all of them are misdemeanors. In some cities, water your lawn on the wrong day and you are guilty of a misdemeanor.

We don't write them, however we are responsible for enforcement.
 

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mswaim said:
We don't write them, however we are responsible for enforcement.
And that is why I asked the question would you go this far. I have been at block parties with my friends. There are open container laws and the cops would drive by and ask what is going on. A few sober resdidents would explain and the cops would just say something like, "It looks peaceful enough we don't want to get called back here and have those drunks put their beers in a glass instead of a beer can." By the letter of the law they would have been laying folks on the sidewalk and arresting or ticketing them.
 

SCcobra4me

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Lawfficer said:
He broke the law, the law had felony punishment. Do the crime, do the time.

Personally, I would have shown him the felony law, and then charged him with theft making it quite clear that if he returned, or attempted to challenge the theft charge in anyway, I would re-charge him with the Felony.

Just out of curiousity, what is the most violent crime that can be committed to "only" receive a felony. Now compare that crime to this one and tell me you think they should be categorized the same.

Yes he was "Stealing" but come on, if every single one of us got caught for everything we did that was "Illegal", we'd all be doing time.
 

lucafu1

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FordSVTFan said:
Hurt Feelings? No!! You should take some time to read the rules of this forum before posting again. That will help you to avoid your inappropriate posts.
can you explain to me which rules i broke? thanks:smmon:




DaleM said:
And that is why I asked the question would you go this far. I have been at block parties with my friends. There are open container laws and the cops would drive by and ask what is going on. A few sober resdidents would explain and the cops would just say something like, "It looks peaceful enough we don't want to get called back here and have those drunks put their beers in a glass instead of a beer can." By the letter of the law they would have been laying folks on the sidewalk and arresting or ticketing them.


exactly. this is why the system is screwed. maybe people are to scared or just to lazy to go out and catch REAL criminals. i dont know how many times we used to have a cop pull up to our house while everyone was drinking on the block for some holiday back in Fayetteville. thats what we do. im sure there are many "laws" we were in violation of.

just for fun typoe in "stupid laws" in google and see what you find. its pretty amazing, but you better becareful cause they are LAWS.:rolling:
 

DaleM

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300expat said:
See ya.
We don't know if the guy started talking shit with the officer do we? One of those things that makes cops dig a little deeper. I can not conclude whether the officer was a dick or not. What I can conclude is this law stinks and those that made it should re-look the intent of the law and revise how it is applied.
 

DaleM

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300expat said:
And he may have the obligation to ticket you. But things don't get better when you talk shit regardless of what you think or how little you think. Actions come with consequences.
 

DaleM

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300expat said:
I doubt he'd be a dickheaad. He'd be professionallly challenged not to beat your ass. Consider him a friend for not giving you an Oak Shampoo and just ticketing you.
 
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93 347 Cobra

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Too bad the thread got off track.

Very interesting situation, technically he is stealing. I think San Francisco or some other western city passed a law making it illegal to have an unsecured wireless network. In this case it would have put the owner of the coffee shop in violation of the law.

You don't F with internet theft or computer fraud, that stuff seems like it is always a felony.
 

lucafu1

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FordSVTFan said:
Flaming/Derogatory Comments of L.E. and L.E.O.

no not all, not at all. maybe i said something about that certian individual who this thread is about but no way in hell did i say anything bad about ALL LEOs. :read:
 

FordSVTFan

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lucafu1 said:
no not all, not at all. maybe i said something about that certian individual who this thread is about but no way in hell did i say anything bad about ALL LEOs. :read:

Flaming and/or making derogatory comments about L.E. and/or L.E.O.s where on this board or elsewhere is NOT permitted.

How about you read the rules.

lucafu1 said:
with stupid ass L.E. who WASTE tax payers dollars on bull shit
 
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