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Article #167Re: A Trial Balloon on Registered Keys
From: leichter
Date: Thu, 29 Oct 1992 17:30
Date: Thu, 29 Oct 1992 17:30
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In article <7624@transfer.stratus.com>, cme@ellisun.sw.stratus.com (Carl Ellison) writes: | In article <1992Oct28.045116.28814@netcom.com> nagle@netcom.com (John Nagle) | writes: ||There's a fundamental distinction between openly searching under a court ||order and observing in secret. | | Yes! When a person's property is being searched, the police must present | the search warrant *to that person*, up front. Black Bag jobs are strictly | illegal. Wrong again. While the distinction Mr. Nagle makes may exist, but it's mainly a technological artifact, and has no bearing on search warrants. With a properly executed warrant, the police can search your home at THEIR convenience. They don't need to wait for you to be there. They don't need to notify you. The warrant includes the right for them to break in if they consider that the best way to get the job done. You may or may not find out later. (Usually it'll be pretty obvious, since they have no particular reason to be neat.) Note that if they get a warrant to examine, say, your bank records, neither they nor the bank will necessarily tell you - and there won't be anything for you to notice. In the case of a warrant to plant a bug, you definitely WON'T find out if they can help it. There are certainly cases where they have to tell you ahead of time that they are getting a warrant because you have the right to contest it, but it's generally been the case that "secrecy needed because of an ongoing investigation" has been good enough to keep you in the dark. -- Jerry
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arc1-ca.pugleaf.net!sparky!uunet!charon.amdahl.com!pacbell.com!ames!saimiri.primate.wisc.edu!zaphod.mps.ohio-state.edu!cis.ohio-state.edu!rutgers!igor.rutgers.edu!zodiac.rutgers.edu!leichterReferences:
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Path: arc1-ca.pugleaf.net!sparky!uunet!charon.amdahl.com!pacbell.com!ames!saimiri.primate.wisc.edu!zaphod.mps.ohio-state.edu!cis.ohio-state.edu!rutgers!igor.rutgers.edu!zodiac.rutgers.edu!leichter From: leichter@zodiac.rutgers.edu Newsgroups: sci.crypt Subject: Re: A Trial Balloon on Registered Keys Message-ID: <1992Oct29.123042.1@zodiac.rutgers.edu> Date: 29 Oct 92 17:30:42 GMT References: <1992Oct27.143737.1574@guvax.acc.georgetown.edu> <1992Oct28.045116.28814@netcom.com> <7624@transfer.stratus.com> Sender: news@igor.rutgers.edu Organization: Rutgers University Department of Computer Science Lines: 32 Nntp-Posting-Host: pisces.rutgers.edu