Interesting People mailing list archives
what to say -- more on tracking old money
From: David Farber <dave () farber net>
Date: Wed, 9 Aug 2006 10:57:26 -0400
Begin forwarded message: From: Ed Biebel <edward () biebel net> Date: August 9, 2006 10:12:50 AM EDT To: dave () farber net Cc: ip () v2 listbox com Subject: Re: [IP] more on tracking old money Dave,On my professors who taught undergraduate law suggested that it is better not to try to argue the law with the police (or in this case, the border patrol or the TSA). He always recommended making a simple statement such as "I do not believe that you have a legal right to conduct this search (compel me to provide the password, etc.) and I am not consenting to this search. I will comply with your orders but only under duress."
This is essence protects your legal standing as not consenting to the search but gets you out of the power struggle dynamic with the authority on the scene. You can then aruge the finer points of the law within the legal system and have the ill-gotten evidence thrown out.
I'm curious what some of the legal scholars on the list think of this approach.
Ed On 8/9/06, David Farber <dave () farber net> wrote: Begin forwarded message: From: "M. Sean Fosmire" < hatgem () gmail com> Date: August 9, 2006 7:44:10 AM EDT To: dave () farber net Subject: Re: [IP] tracking old money Here is an exercise for you. The next time someone demands that you disclose private information because "the law requires it", ask them for a citation to the statute or regulation that requires it. Ninety- eight percent of them time they will be unable to respond. Tell them that you will answer when they can give you the citation (and after you have had a chance to check it). In a large number of cases, there is no such requirement. Companies often claim that "the law requires" that you do something that they simply want you to do. And even if the request is made in good faith, it is often the case that someone has misinterpreted a legal requirement somewhere. ------------------------------------- You are subscribed as edward () biebel net To manage your subscription, go to http://v2.listbox.com/member/?listname=ipArchives at: http://www.interesting-people.org/archives/interesting- people/
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- what to say -- more on tracking old money David Farber (Aug 09)