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4th Ammendment

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box8

Junior Member
What is the name of your state? Indiana
Can a informent come into the privicy of your home, in your living room, where you have expect total privicy, wearing a wire then, transmitt your voice a block away where it is recorded without a probable cause hearing, or a warrent from a Judge? Does the 4th ammendant protect your right to privicy in your home? Is this a viloation of Title 3 of the Omnibus Crime and Control and Safe Streets Act?
 


box8

Junior Member
detals

a informent came into my home wearing a wire, the recording was garbled, there was no probable cause hearing held. there was no search warrent obtained, my voice was transmitted down the street and recorded, my question is without a warrent is this illegal search and seasure?
 

box8

Junior Member
I am going to file a motion to suppress any and all evendence, citing the 4th ammendant, under title 3 2510- Federal Law says to avoid a 4th violation a proble cause hearing must be heald, the informent must give info under oath if the judge feels there is probable cause exists then he can ishue a warrent to wiretap-wear a wire which is wiretaping. a elament of the 4th ammendant says we must be secure in our personal place and so forth and no warrent shall be ishued without probable cause.

A wiretap can happen in your home if you follow proper prucedure,
 

CdwJava

Senior Member
It's not a wiretap. State laws cover the use of wired informants in police operations. No state I know of prohibits the police from putting a wire on an informant and recording the conversation.

Speak to an attorney before you start trying to file motions you know nothing about.

- Carl
 

box8

Junior Member
carl

Carl are you an Attorney? Title 3 defines all electronic recordings a wiretap, weather it is a mick, telephone or anything mechinal, oral is still a wiretap, i have been filing many motions in the past with great sucess, i know what I am doing, i have met and seen some perty dumb attorneys in my life,
May i suggest you read the Omnibus Crime Control and Safe Street Act of 1968 where you will see all Electronic Surveillance including oral is under the wiretaping laws.
Also you Should read and learn the provisions of th 4th ammendant of the constutition before you give anybody else advice
 

CdwJava

Senior Member
box8 said:
Carl are you an Attorney? Title 3 defines all electronic recordings a wiretap, weather it is a mick, telephone or anything mechinal, oral is still a wiretap, i have been filing many motions in the past with great sucess, i know what I am doing, i have met and seen some perty dumb attorneys in my life,
May i suggest you read the Omnibus Crime Control and Safe Street Act of 1968 where you will see all Electronic Surveillance including oral is under the wiretaping laws.
Also you Should read and learn the provisions of th 4th ammendant of the constutition before you give anybody else advice
Darn it! I knew that all those felony cases we made by wiring our informants were unlawful! :rolleyes:

Nope - not an attorney ... I'm a cop - one of the guys that does this for a living. While I am not familiar with Indiana state law, I'm gonna guess that wiring an informant is perfectly lawful.

So, if you wanna go ahead and cite the US Code for your authority, go right ahead ... just be sure to read all of it - and the exceptions - before you proceed and make a fool of yourself.

Have fun.

- Carl
 

box8

Junior Member
Before you insult somebody, go to my website,blufftucky.net I live in Bluffton Indiana i sued the police department in Federal Court in Ft Wayne Indiana on a seperate 4th matter matter,and won, that law suit goes into medation on aug/29/06- I filed this suit pro-sa-si The Federal Court done something that is very rare, they appointed me a Attorney to represent me, Cops are not as respected as you might think, If ytou do not know anything about the 4th amendant what do you think makes you a expert? If you are a cop, and I have my doubts then you should know about probable cause and warrents as well as illegal search and sezure.
 

fairisfair

Senior Member
box8 said:
What is the name of your state? Indiana
Can a informent come into the privicy of your home, in your living room, where you have expect total privicy, wearing a wire then, transmitt your voice a block away where it is recorded without a probable cause hearing, or a warrent from a Judge? Does the 4th ammendant protect your right to privicy in your home? Is this a viloation of Title 3 of the Omnibus Crime and Control and Safe Streets Act?
Apparently, arguing it, does not require being able to spell it. or any other words in the English language. :rolleyes: ;) :rolleyes:
 

CdwJava

Senior Member
And perhaps you should research the number of parties required to consent to a recording of their conversation under federal law. I cannot find the Indiana law on the subject, nor am I all that interested in doing so.

Good luck.

- Carl
 

box8

Junior Member
Federal Law says you can do these things, it says it is governed by the 4th amendment of
But it say there are safegaurds in place(4th amendment) It does not matter if one person agrees, a telephone can be taped without a warrent, in public you do not need a warrent, but in the privicy of your home you need a warrent. to get a warrent you need to go through the process,(probable cause, I thought you people were Attorneys where somebody can learn something, my mistake. I thought you might know something about the 4th amendment sorry
 
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