How do "they" know your web-posting habits?

[Indy_Guy_77]

I think this is the right place to post this....

Say that you're involved in a self-defense shooting - of ANY type.

How would prosecution know if you're a message board member - and then go look up your entire posting history for posts to use against you?

Google searches using your name, for one... That's an easy one.

But if you don't use your real name - then how would it be found out?

I can't imagine that they'd automatically attempt to subpoena your web history from your ISP - nor would they automatically seize your computer/s or phone...right?

If you did have a situation - and didn't run to a board to vent / decompress / etc - then it couldn't turn up in a Google search about the event - and, at least theoretically, your prior posts wouldn't be dug up?

Just curious...

-J-

 

[Eric05]

Interested as well...

 

[Hammerhead]

I think the key is not running to your computer to tell everyone about it.

Self defense, if recognized as a true SD shooting, shouldn't have anyone attempting to use your posts against you, even if you did come blabbing about it.

Liberty Sanders is a case where they didn't see his actions as true SD, and they went and searched for anyone telling that story and tried to use his other postings about it against him.

If the guy shot at Don's went onto FB or Twitter, or heck even here, and started telling what happened, the police or prosecutor's office would probably look up his posting history but probably would still have nothing there to dispute the SD actions he took.

 

[Indy_Guy_77]

Ahh...

But what if a prosecutor asks you, under oath, during deposition?

"Mr Indy_Guy, can you please tell us what, if any, websites that you frequent and what your screen names are?

 

[Bunnykid68]

Ahh...

But what if a prosecutor asks you, under oath, during deposition?

"Mr Indy_Guy, can you please tell us what, if any, websites that you frequent and what your screen names are?

I could, but I won't, 5th.

 

[IndyGunworks]

I could, but I won't, 5th.

OH SNAP

 

[CathyInBlue]

I don't think Bunny's argument would fly in today's court system. The right against testimony against oneself offers you the right to keep your mouth shut, not the right to run your mouth in venue X and then deny the court knowledge of venue X when they ask for it.

 

[jbombelli]

This is why, if YOU are involved in something, YOU DON'T POST ABOUT IT UNTIL IT'S ALL OVER.

Talk to your attorney and no one else unless and until you have to. That way, there's nothing for them to dig up.

And I'm not giving up any web forum info. They can find it on their own if they want it.



FIF!

 

[TTravis]

Don't say anything here you wouldn't say on the radio or in the newspaper. I found out the hard way, but was still able to take the 5th on it because there were "potential" criminal charges. If it is a civil case, you can't take the 5th unless there criminal charges or potential criminal charges down the road. Someone here, and there is no loyalty here, will be sure to print everything out and send it to the prosecutor.

 

[bwframe]

But in today's modern world of Facebook and Twitter aren't we supposed to put it all out there?

When you have thousands of posts, how many times have you compromised yourself?

 

[jgreiner]

I think this is the right place to post this....

Say that you're involved in a self-defense shooting - of ANY type.

How would prosecution know if you're a message board member - and then go look up your entire posting history for posts to use against you?

Google searches using your name, for one... That's an easy one.

But if you don't use your real name - then how would it be found out?

I can't imagine that they'd automatically attempt to subpoena your web history from your ISP - nor would they automatically seize your computer/s or phone...right?

If you did have a situation - and didn't run to a board to vent / decompress / etc - then it couldn't turn up in a Google search about the event - and, at least theoretically, your prior posts wouldn't be dug up?

Just curious...

-J-

Searching your computers history, then matching up names you use to internet searches.

 

[AndersonIN]

Hey guys you want proof of what a lawyer will do IF THEY WANT YOUR ASS! .....look at the Zimmerman case! They've interviewed the people he played basketball with to see if he had a temper. They've talked to people he went to high school with to see if he was prejudice, etc. etc. etc. They'll even look at your training classes. Did you take a class called Combat Pistol Training or the same class called Basic Defensive Handgun. Which is easier to convince a jury that someone is a just looking for an opportunity to use their new skills for KILLING! Or did you NOT take any training courses........OMG this person is just a nut with a gun that has no idea what they're doing and will shoot anything!

 

[Stschil]

I don't think Bunny's argument would fly in today's court system. The right against testimony against oneself offers you the right to keep your mouth shut, not the right to run your mouth in venue X and then deny the court knowledge of venue X when they ask for it.

I'd love to see the court ruling that nullifies the individuals right against self incrimination based on statements alledged to have been made prior to investigative questioning.

You can say anything to anyone anywhere of your own free will, but the Court cannot compell you to tell them anything. End of story. It is not your duty to assist them in investigating you.

 

[TTravis]

I'd love to see the court ruling that nullifies the individuals right against self incrimination based on statements alledged to have been made prior to investigative questioning.
​

You can say anything to anyone anywhere of your own free will, but the Court cannot compell you to tell them anything. End of story. It is not your duty to assist them in investigating you.

Here is the first thing that pops up when I google "5th amendment civil case".

Invoking The Fifth Amendment In Civil Cases, Fifth Amendment Protection, Oklahoma Personal Injury Lawyer | Abel Law Firm

 

[GodFearinGunTotin]

 

[Stschil]

Here is the first thing that pops up when I google "5th amendment civil case".

Invoking The Fifth Amendment In Civil Cases, Fifth Amendment Protection, Oklahoma Personal Injury Lawyer | Abel Law Firm

OP mentions Prosecution looking for info on the web, so I assumed criminal case.
Your links, however shows that it has been applied to civil cases as well.

 

[Jack Burton]

Unless they tie a direct connection between the alleged incident and your computer, or use of the 'net, they are going to have a hard time getting a warrant to search either. If they find a compliant, or clueless, judge, any "evidence" found will probably be turned over in an appeal.

IANAL...

 

[jgreiner]

Unless they tie a direct connection between the alleged incident and your computer, or use of the 'net, they are going to have a hard time getting a warrant to search either. If they find a compliant, or clueless, judge, any "evidence" found will probably be turned over in an appeal.

IANAL...

Tell that to George Zimmerman. His computer was not involved in the incident. But they searched it.

 

[AndersonIN]

Firearms Training, ASSET or Liability from the Legal Defense Network

Excellent Article that covers several topics discussed on here!

http://www.armedcitizensnetwork.org/images/stories/Network_2012-8.pdf

Like the Zimmerman case if they're trying to make you out to be an example there really isn't a limit to what they "can" or at least will try to do!

 

[pirate]

I could, but I won't, 5th.

[ame]http://www.youtube.com/watch?v=xbMAd4rPQPc[/ame]