Police blotter: Judge OKs text message use in drug case

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All information collected not as evidence to a trial

... have to be erased.

It must be illegal to wiretap someone and create databases used to profile someone without letting him informed and being able to reply to those evidences, or explain a different conclusion.

So all what is collected must be immediately added to a evidence file for an angoing inquiry, or immediatzly destroyed; and all evidences collected will need to be avaluated by a judge in charge of an investigation and then later during a trial, and fully presented to the defence at this time.

What is wrong is the existence of secret files that make profile on people even when they are not involved in any criminal action, and without any intent to use them as evidences in a immediate criminal investigation or legal action.

This is where people's private life is exposed to risks of being abused by someone wanting to harass someone based on acts and opinions in his life which is not illegal but that people want to keep secret. This is where illegal files are threatening people in the way they have social interactions. If something said or made is not illegal, people have the right to do it, and this fact not being exposed if they want it secret, because this is THEIR life (they even have the right to lie about what they did or did not if this was legal, and no legal action can condemn them because of this lie, except if the lie was performed to hide a criminal fact).

So the evidences collected by any wiretaping system MUST be also kept under severe security by those doing it (in order to avoid abuse of this information by unauthorized people), and they can only do that with the scrutiny of a judicial authrority that must evaluate extremely rapidly whever this can constitute an evidence of criminal action.

If the judge says that this action is perfectly legal, the evidence collected must be given back to its legitimate owner (he must be informed that he has been wiretaped and about which information was collected) and destroyed by the wiretapers and justice (there must be a legal requirement that expose wiretapers to legal actions if they don't destroy the evidences or let any unauthorized people, including journalists, getting access to them: they are fully responsible if the secrets they have on someone has been breached, so they must have to take extreme measure to keep the evidence secret between them, the judge and the person that has been wiretapped).

This requires that people having access to the wiretapped information be extremely restricted, including their hierarchy if they do that as part of their job such as in the police or in a federal investigation service: the content of the evidences collectd must be secret, and only the evidence file number is communicable, its date, and its status: in scrutiny, approved or disapproved by a judge; if disapproved, all the content must be destroyed; the investigators can be monitored by their hierarchy only by the number of evidence they provide to scrutiny by a judge, and the rate of approved evidences; if the evidences are approved, they are kept secret during all the investigation until the time of trial, if it does happen.

Only if a person is convected as guilty, and appeal actions terminated, will the evidences made public and the content kept by the justice.

Posted by: PhilippeV   Posted on: 09/03/06 You are currently: a Guest | Members login | Terms of Use

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