6 ms·

Looking at the first page, the circumstances surrounding the indictment are infuriating. I thought that search warrants had to be specific to avoid just that ki

by thmsths 3mo ago

Looking at the first page, the circumstances surrounding the indictment are infuriating. I thought that search warrants had to be specific to avoid just that kind of fishing expedition. The initial warrant was for terrorism related charges, it seems they found no evidence of it. How come they can then turn around and go for other charges?

toomuchtodo 3mo ago
No downside, all upside. Qualified immunity, etc. There are no consequences for this behavior by law enforcement and prosecutors unfortunately. "Show me the incentive and I'll show you the outcome."
tmp10423288442 3mo ago
If a cop happens to see evidence of a crime, they don't need a warrant to arrest you for it nor for you to be charged for it. Unfortunate for this man, but he shouldn't have had drugs on him (he also had cocaine in addition to marijuana).
- toomuchtodo 3mo ago
  Law enforcement dishonesty is so frequent, state lists exist to track them ("Brady List"). https://en.wikipedia.org/wiki/Brady_disclosure https://en.wikipedia.org/wiki/Brady_disclosure https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=7761&context=jclc https://scholarlycommons.law.northwestern.edu/cgi/viewconten... https://scholarship.law.umn.edu/minnlrev/vol107/iss2/3/ https://scholarship.law.umn.edu/minnlrev/vol107/iss2/3/ This administration revoked an executive order from the previous administration ("EO 14074") providing for a National Law Enforcement Accountability Database. And so, for the time being, citizens and journalists are left to collect, aggregate, and disseminate this information until the next administration takes office. https://www.federalregister.gov/documents/2022/05/31/2022-11810/advancing-effective-accountable-policing-and-criminal-justice-practices-to-enhance-public-trust-and https://www.federalregister.gov/documents/2022/05/31/2022-11... https://bjs.ojp.gov/national-law-enforcement-accountability-database https://bjs.ojp.gov/national-law-enforcement-accountability-... https://www.prisonpolicy.org/blog/2026/01/26/police_misconduct/ https://www.prisonpolicy.org/blog/2026/01/26/police_miscondu... Obligatory "Don't Talk To The Police" Video: https://archive.org/details/youtube-d-7o9xYp7eE https://archive.org/details/youtube-d-7o9xYp7eE Paper: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1998119 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1998119 HN Threads: https://hn.algolia.com/?q=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3Dd-7o9xYp7eE https://hn.algolia.com/?q=https%3A%2F%2Fwww.youtube.com%2Fwa...
blochist 3mo ago
Well, also just looking at the first page, while I think there are analogous circumstances where this would've been infuriating (e.g., the government executes an unrelated search warrant, discovers both marijuana and the gun and charges him with it), in this case, it seems as though he both surrendered the gun to them and freely admitted to using marijuana which he also directed them to. That said, the search warrant was related to terrorism and it's very likely it would've authorized the agents to search for any drugs and firearms or other weapons.
maxlybbert 3mo ago
You would think so. Strangely, even though warrants have to be specific, police are allowed to seize things they come across during the search, even if those things aren’t on the warrant ( https://supreme.justia.com/cases/federal/us/496/128/ https://supreme.justia.com/cases/federal/us/496/128/ ). It’s not a free-for-all, though. If the warrant is for a stolen car, the police can’t open up pill bottles during the search; they have to look in places where a stolen car could be hidden ( https://www.fletc.gov/audio/execution-search-warrant-i-mp3 https://www.fletc.gov/audio/execution-search-warrant-i-mp3 , do a text search for “elephant”). And the things being seized have to be obvious contraband ( https://www.rothdavies.com/criminal-defense/frequently-asked-questions-about-criminal-defense/searches/can-police-use-the-plain-view-exception-for-unrelated-evidence https://www.rothdavies.com/criminal-defense/frequently-asked... ).

by thmsths 3mo ago

toomuchtodo 3mo ago

No downside, all upside. Qualified immunity, etc. There are no consequences for this behavior by law enforcement and prosecutors unfortunately. "Show me the incentive and I'll show you the outcome."

tmp10423288442 3mo ago

If a cop happens to see evidence of a crime, they don't need a warrant to arrest you for it nor for you to be charged for it. Unfortunate for this man, but he shouldn't have had drugs on him (he also had cocaine in addition to marijuana).

toomuchtodo 3mo ago
Law enforcement dishonesty is so frequent, state lists exist to track them ("Brady List"). https://en.wikipedia.org/wiki/Brady_disclosure https://en.wikipedia.org/wiki/Brady_disclosure https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=7761&context=jclc https://scholarlycommons.law.northwestern.edu/cgi/viewconten... https://scholarship.law.umn.edu/minnlrev/vol107/iss2/3/ https://scholarship.law.umn.edu/minnlrev/vol107/iss2/3/ This administration revoked an executive order from the previous administration ("EO 14074") providing for a National Law Enforcement Accountability Database. And so, for the time being, citizens and journalists are left to collect, aggregate, and disseminate this information until the next administration takes office. https://www.federalregister.gov/documents/2022/05/31/2022-11810/advancing-effective-accountable-policing-and-criminal-justice-practices-to-enhance-public-trust-and https://www.federalregister.gov/documents/2022/05/31/2022-11... https://bjs.ojp.gov/national-law-enforcement-accountability-database https://bjs.ojp.gov/national-law-enforcement-accountability-... https://www.prisonpolicy.org/blog/2026/01/26/police_misconduct/ https://www.prisonpolicy.org/blog/2026/01/26/police_miscondu... Obligatory "Don't Talk To The Police" Video: https://archive.org/details/youtube-d-7o9xYp7eE https://archive.org/details/youtube-d-7o9xYp7eE Paper: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1998119 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1998119 HN Threads: https://hn.algolia.com/?q=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3Dd-7o9xYp7eE https://hn.algolia.com/?q=https%3A%2F%2Fwww.youtube.com%2Fwa...

blochist 3mo ago

Well, also just looking at the first page, while I think there are analogous circumstances where this would've been infuriating (e.g., the government executes an unrelated search warrant, discovers both marijuana and the gun and charges him with it), in this case, it seems as though he both surrendered the gun to them and freely admitted to using marijuana which he also directed them to. That said, the search warrant was related to terrorism and it's very likely it would've authorized the agents to search for any drugs and firearms or other weapons.

maxlybbert 3mo ago

You would think so. Strangely, even though warrants have to be specific, police are allowed to seize things they come across during the search, even if those things aren’t on the warrant ( https://supreme.justia.com/cases/federal/us/496/128/ https://supreme.justia.com/cases/federal/us/496/128/ ). It’s not a free-for-all, though. If the warrant is for a stolen car, the police can’t open up pill bottles during the search; they have to look in places where a stolen car could be hidden ( https://www.fletc.gov/audio/execution-search-warrant-i-mp3 https://www.fletc.gov/audio/execution-search-warrant-i-mp3 , do a text search for “elephant”). And the things being seized have to be obvious contraband ( https://www.rothdavies.com/criminal-defense/frequently-asked-questions-about-criminal-defense/searches/can-police-use-the-plain-view-exception-for-unrelated-evidence https://www.rothdavies.com/criminal-defense/frequently-asked... ).