How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Chris T., JD Your Own Question

Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3767
Experience:  Experienced in both state and federal court.
45002201
Type Your Legal Question Here...
Chris T., JD is online now
A new question is answered every 9 seconds

Out of a Science Fiction Movie here comes a hypothetical: Ding

Resolved Question:

Out of a Science Fiction Movie here comes a hypothetical:

Ding is under investigation by a law enforcement agency. During the investigation, Ding is able to ascertain that the agency is using wireless mind-reading technology whose existence is highly classified. The cops gave up being cops a while back and began using "unconvential" tactics and equipment with the support of Other Government Agencies (OGA) assisting, off the record of course. The problem is, through abuse and misconduct, they compromised all their technology, including this one. The wireless mind-reading technology is utilized in overseas intelligence collection against enemies and allies as well. Yes, friends do spy on each other. Somehow, the term FISA it's showing its covert claws.

Since the law enforcement agency began using the technology against Ding during the course of a civilian law enforcement investigation, Ding wants to know the legal and ethical repercusions of such technology against our system of jurisprudence.

Question:
What are the legal and ethical issues such technology would bring about in an American court? Can data from such a devise be subject to subpoena? Can the devise itself be subject of subpoena? Would a warrant be needed? Would FISA apply? Would Brady apply to this?
Submitted: 2 years ago.
Category: Legal
Expert:  Chris T., JD replied 2 years ago.

TexLawyer :

Good morning. I'll be assisting you with your question.

TexLawyer :

Clearly, the biggest issue with this hypothetical technology is an illegal search.

Customer:

Explain please


 


 

TexLawyer :

For the government to need a warrant to conduct a search (which this would be) the subject of the search must have a reasonable expectation of privacy in the place or thing being searched.

TexLawyer :

In this case, a person would clearly have a reasonable expectation of privacy in their own thoughts. As such, the government would need a search warrant, supported by probable cause, to "search" someone's thoughts.

Customer:

Can a warrant be obtained for such a hypothetical devise?


 

TexLawyer :

If the police could show that they are likely to find evidence of a crime, I don't see a legal reason why they couldn't.

Customer:

How can you use a thought as evidence?

TexLawyer :

If the person is recalling something they did, it could be used as an admission.

Customer:

What if they are acting the thought, as in a movie script?


 

TexLawyer :

As with anything else, any piece of evidence is open to interpretation. Just because there is an alternate interpretation, that does not mean the thing isn't evidence.

Customer:

So if i am acting a part in a movie about burglars and i am been investigated for burglary the police can use my thought as evidence?

TexLawyer :

In your hypothetical situation where police have a device to read minds, and if the police had a warrant, I think they could.

Customer:

Of course, Brady would apply to this.

TexLawyer :

Of course, no court has addressed this issue since it has never come up before.

TexLawyer :

True. Brady always applies.

Customer:

And I would be able to subpoena the devise and records?

TexLawyer :

If they existed, yes, a person could subpoena such records.

Customer:

What if the technology was being used without a warrant and no official say so as to its usage? How can a challenge be made?

TexLawyer :

The evidence of one's thoughts would have to be brought into court for it to be challenged, in which case its existence would be outed.

Customer:

What if its being used indirectly, covertly, to give opposing counsel an edge during adversarial proceedings?

TexLawyer :

If there nobody is willing to admit to it, and people are willing to lie to cover up its existence, there isn't much someone could do. If people are willing to lie, they will just lie.

Customer:

Than you counselor.

TexLawyer :

Glad to help. If I can't do anything else for you, please remember to "rate" my answer. Good luck.

Customer:

ok


 

TexLawyer :

Can I help you with anything else?

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3767
Experience: Experienced in both state and federal court.
Chris T., JD and 14 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.