Re: That GPS stuff is sure handy, eh?

[David Farber <dave () farber net>]

Begin forwarded message:

From: dewayne () warpspeed com (Dewayne Hendricks)
Date: July 16, 2010 12:31:45 PM EDT
To: Dewayne-Net Technology List <xyzzy () warpspeed com>
Subject: [Dewayne-Net] Re: That GPS stuff is sure handy, eh?

[Note:  This comment comes from reader Randall.  DLH]

From: Randall <rvh40 () insightbb com>
Date: July 16, 2010 9:20:37 AM PDT
To: Dewayne Hendricks <dewayne () warpspeed com>
Cc: dpreed () reed com
Subject: Re: [Dewayne-Net] Re: That GPS stuff is sure handy, eh?

> Regarding warrants and cell tower records:
>
> Two quick comments.
>
> 1) I served for 6 months on a Massachusetts Grand Jury.  This
> little-understood system is partly designed as a check on prosecutorial
> power, and in Massachusetts it is taken quite seriously by the
> prosecutors.  Every felony indictment brought must be presented to a
> grand jury for discussion and a vote on whether it should be pursued (no
> ham sandwich jokes, please, we did turn down a number of prosecutions).

Nobody bothered to tell you that the Double Jeopardy prohibition of the US Constitution does not apply at GJ stage, did 
they? If one GJ declines to return a True Bill, it's not a problem - just present to the next one.

Further: THe defendant has no right to be notified of a grand jury proceeding against him.  The only people present at 
GJ proceedings are the prosecutor and the prosecution witness and the jurors.  (In general; individual states may be 
different).

Since the only questions asked of the GJ are whether it is more likely than not that a felony was committed and whether 
it is more likely than not that the defendant committed that felony, and since there is no cross-examination and no 
representation by defense counsel, the "ham sandwich" observation is indeed apt.

Generally speaking.


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