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Comment Re:Well, there goes the 4th Amendment again... (Score 1) 204

Your argument is a good one, except that to make it fit lets remove the ski mask and the crowbar and the house alarm.

Is it then a crime carry a bag of jewelry at night?


But is it probable cause to do so when there is a warrant out and you are wanted for jewelry theft?

I should think so.

If the suspect had card readers, or other paraphernalia present that would facilitate the reading/access/spoofing the of the cards, your analogy would be spot on and I would further argue that it was enough to constitute probable cause.
But mere possession alone. Just that. Just possession of the cards, is not enough.

It's definitely not enough to be considered a crime.

But definitely enough for reasonable suspicion. Reasonable enough to ask for an at least possible legit reason. Even if they made up a threadbare story about prizes for an orphanage fund raiser raffle on the spot, that may have been something worthy of discussing if the LEO still had probable cause, but here nothing was presented to dispel a reasonable suspicion.

Comment Re: Well, there goes the 4th Amendment again... (Score 1) 204

In theory, yes.

I don't know that much about the exact inner organisation of the US law enforcement, but as long as one could be obtained in time that would realistically allow to find a judge and have him issue it and send it back to the police officer waiting at the side of the road, yes.

How long would it take to get one? Do they have a judge on call that could fax it back to the police patrol?

If the legal system can handle issuing search warrants fast enough, I don't see any legal problems to require a search warrant. I'm positive that US gouvernment bureaucracy should be optimized enough to solve that on an organisational level.

Comment Re: Well, there goes the 4th Amendment again... (Score 1) 204

The reasons not only need to be legal and possible, but also more probable than carrying them as part of criminal activity.

In addition, ANY of those possible causes could have been given to the officer when he asked why a wanted criminal travels with a bag full of giftcards.

I already gave the example above. There are uncountable legal reasons to carry a crowbar. But there also are circumstances that create more than probable cause to suspect the guy carrying it of robbing a house.

Comment Re:Well, there goes the 4th Amendment again... (Score 1) 204

Is it a crime to be in possession of credit cards / gift cards? (No)

Is it a crime to carry a crowbar and a bag of jewelry at night while wearing a black ski mask while a house alarm can be heard from down the street?


Does it matter? Heck No!

Because there is more than probable cause that this is the guy who just broke into that house!

Is driving a guy with an outstanding warrant a hint to a crime going on? Yes, it's probable that the driver (without a license!) is helping that guy to evade arrest.

Is the information contained in a credit card / gift card in plain view? (No).

Well, the mag stripe should not contain any other data than printed on the front of the cards (card number)

In addition: Like cash, gift cards are usually sold at face value from stores. How could some guy sell them at a "discount"? 143 cards??

The whoel situation is more than suspiscious

Comment Re:Hope you enjoy being broke (Score 5, Interesting) 552

I beg to differ.

I completely agree with you that it is a live experience that should be experienced live.

But it's a difference between a 20 seconds clip to try to make your friends green with envy (if that's possible with the crappy quality) or to serve as a souvenir (only needs to be barely recognizable for that) or trying to make the worst replacement of a professional DVD production.

Best solution I've seen was a singer-songwriter. At the beginning he asked the audience to put phones away until the encore, during which the stage (and house) lighting would be set in a way that would allow for at least somewhat acceptable picture quality. Result: Audience (and artist) got an undisturbed show AND souvenir material.

Comment Re:Who said what? (Score 2) 398

...if seen in a time piece of that era. And yes, mixing up Charlie Chaplin's "Tramp" with Hitler just because of the moustache would indeed be funny.

But that friggin frog is contemporary.. well.. "artwork".

And as you mentioned, those moustaches were very popular in the inter-war years, but you might have noticed that they aren't today. So any current usage is a direct referrence to either
a) general facial hair style in the 30s
b) Charlie Chaplin
c) Hitler

If seen in conjunction with antisemitic slogans, all ambiguity is resolved.

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