[comp.org.eff.talk] Len Rose, SJG etc and retribution - an answer PLEASE

asmith@questor.wimsey.bc.ca (Adam Smith) (11/23/90)

Now look. 
Not everyone that haunts the net is an American or completely familiar with 
American law and "due process", as I believe you refer to it. I have asked a 
number of people/groups a simple question and as of yet have not heard so 
much as a mumble.
The question is...
Seeing as how Rose/SJG/etc have had their constitutional rights stomped all 
over in one form or another, is there any form of retribution that they can 
get. In some of these cases, the "law enforcement" agencies would appear to 
have been blatantly overzealous. In the case of SJG, it has been alleged 
that the search warrant was not even signed. Neidhorf has had his life 
screwed around something fierce and Len Rose seems to be getting raked over 
the coals yet again.
Do these people, and therefore all of the rest of you, have to take this 
without any opportunity for recourse? Does American law not have provisions 
to protect against this sort of thing? Or at least make some kind of amends 
after the fact? 


========================================================================
 Adam Smith                     Genius - Graphic Artist - Bad Mood Guy
 The Chameleon Papers                           Vancouver, BC   CANADA
 "I'd give my eyeteeth to have a Macintosh--unfortunately, due to
  Apple's pricing policies, that's not enough"
========================================================================

new@ee.udel.edu (Darren New) (11/29/90)

In article <eTZ3s2w163w@questor.wimsey.bc.ca> asmith@questor.wimsey.bc.ca (Adam Smith) writes:
>In the case of SJG, it has been alleged 
>that the search warrant was not even signed. 

I'm not sure of exactly what was alledged, but I asked my brother (a
state trooper) about this.  Evidently, it's not uncommon to make up a
warrant, photocopy it, give the original to the judge, take the copy to
(say) SJG, ask the judge to sign it, have the judge call the officer at
SJG and say "I signed it" and then break down the door.  Just because
SJG didn't see the copy that was signed does not mean the warrant
wasn't signed before being executed.  -- Darren
-- 
--- Darren New --- Grad Student --- CIS --- Univ. of Delaware ---
----- Network Protocols, Graphics, Programming Languages, 
      Formal Description Techniques (esp. Estelle), Coffee, Amigas -----
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mkapor@eff.org (Mitch Kapor) (12/03/90)

Yes, there are things which can be done, including, in some cases the
recovery of damages.  The Electronic Frontier Foundation represents
Steve Jackson Games and is examining specific actions which can be 
undertaken now that the search warrant affadavit has been disclosed.

For more information, contact Mike Godwin, staff counsel at the EFF
mnemonic@eff.org