Ross Ulbricht's Lawyer Requests Suppression Of Silk Road Evidence 54
Despite a failed attempt to have charges dismissed, the alleged Silk Road operator Ross Ulbricht's lawyer has filed a new motion to have evidence dismissed, citing recent court rulings in an argument that the Silk Road related searches were overly broad. From the article:
Dratel [Ulbricht's lawyer] argues in his 102-page motion filed last Friday that "the government conducted a series of 14 searches and seizures of various physical devices containing electronically stored information ('ESI'), and of ESI itself from Internet providers and other sources. Some of the ESI was obtained via search warrant, but other ESI was obtained via court order, and still other ESI was obtained without benefit of any warrant at all." ...
The defense lawyer argues that even the searches for which the government had a warrant were overbroad and based on evidence that may have been obtained illegally. The attorney writes: " As set forth ante, all of the searches and seizures conducted pursuant to warrants and/or orders were based on the initial ability of the government to locate the Silk Road Servers, obtain the ESI on them, and perform extensive forensic analysis of that ESI. Thus, all subsequent searches and seizures are invalid if that initial locating the Silk Road Servers, obtaining their ESI, and gaining real-time continued access to those servers, was accomplished unlawfully."
The defense lawyer argues that even the searches for which the government had a warrant were overbroad and based on evidence that may have been obtained illegally. The attorney writes: " As set forth ante, all of the searches and seizures conducted pursuant to warrants and/or orders were based on the initial ability of the government to locate the Silk Road Servers, obtain the ESI on them, and perform extensive forensic analysis of that ESI. Thus, all subsequent searches and seizures are invalid if that initial locating the Silk Road Servers, obtaining their ESI, and gaining real-time continued access to those servers, was accomplished unlawfully."
Normal lawyer stuff (Score:5, Insightful)
We all know his lawyer has the burden to basically try anything and everything between now and (possible) sentencing to get the client off or reduced penalty. The system is adversarial on purpose. What will be interesting to some of us is to see if there was anything used here to find him that is really pushing the limits right. I mean the official story I hear is that he was found with old fashion leg work more than anything else. I am interested to know how true that might be. I think a lot of us are worried some of that mega NSA power is being serendipitously shared with law enforcement, and then they cover it up. We have some reason to think that is and has happened.
Re:Normal lawyer stuff (Score:4, Insightful)
I mean the official story I hear is that he was found with old fashion leg work more than anything else. I am interested to know how true that might be. I think a lot of us are worried some of that mega NSA power is being serendipitously shared with law enforcement, and then they cover it up. We have some reason to think that is and has happened.
If a tool exists that eases the human labor necessary to accomplish a task, and that tool is within reach of the aforementioned human, the tool will not sit idle.
It would be fairly easy to work backwards from the fruit of the poisonous tree with some old fashioned leg work. It's not that we know that's what happened, but it merits a mention for the defendant's day in court.
Re:Normal lawyer stuff (Score:3, Insightful)
Adversarial? (Score:2, Insightful)
Re:Falsus in unum, falsus in omnibus (Score:2, Insightful)
Prosecutors and law enforcement personnel should have to operate within the law in order to exercise its enforcement
Yes, they most definitely should, but this is the united states legal system you are talking about. One where prosecutors and law enforcement have been ordered to perjure themselves by the federal government in order to keep questionable surveillance technologies (such as stingray) out of the courts eye. One where prosecutors and law enforcement have been encouraged by the federal government to use evidence laundering (parallel reconstruction) to hide the fact that evidence is routinely being illegally acquired. One where law enforcement demands more and more surveillance powers so they don't have to leave their plush offices and actually have to do police work.