Guilty or not, this seems more like a kidnapping than an arrest. Can they really ignore all rights as they see fit?
Regarding Marcus Hutchins aka MalwareTech
31–40 of 143 posts
Re: Regarding Marcus Hutchins aka MalwareTech
#32Please let the law inforcement agencies deal with this. Have faith in the system
The US Legal system is rife with abuse, corruption, and unethical actions, there is zero reason anyone should have faith in it
Re: Regarding Marcus Hutchins aka MalwareTech
#33Please let the law inforcement agencies deal with this. Have faith in the system
Re: Regarding Marcus Hutchins aka MalwareTech
#34From afar, America always seems to adopt the sledgehammer to crack a nut approach.
Re: Regarding Marcus Hutchins aka MalwareTech
#35Please let the law inforcement agencies deal with this. Have faith in the system
http://www.npr.org/2017/08/01/540903038/u-s-citizen-held-by-...
Re: Regarding Marcus Hutchins aka MalwareTech
#36Guilty or not, this seems more like a kidnapping than an arrest. Can they really ignore all rights as they see fit?
Re: Regarding Marcus Hutchins aka MalwareTech
#37Guilty or not, this seems more like a kidnapping than an arrest. Can they really ignore all rights as they see fit?
Contra the original article, a 23 year-old does not have a fundamental right to talk to mommy and daddy once arrested.
Law enforcement is under no obligation to arrest you as you arrive in country so that you can become a cause celebre to the conference you are about to attend. Neither are they under any obligation to tell you ahead of time that they plan to arrest you.
While the accused has rights, the friends, family, and casual acquaintances of the accused have none. Law enforcement must give Marcus' lawyer access to him, but need not tell random strangers where he is being detained. In the first day or so it is not at all uncommon for someone who has been arrested to be moved from the initial arrest point to a location in the jurisdiction of the indictment or from a local/county holding facility to a federal facility. What Marcus needs to do is shut his mouth, repeat "I am invoking my right to remain silent and wish to speak to my attorney", and NOT SAY ANYTHING.
Oh, he didn't get to communicate immediately with his co-defendant and make sure they have their stories straight? Yeah, major violation of his rights there...
I am not sure what fantasy-land the author of the original post lives in, but even someone with only a passing familiarity with the US legal system would know some of this. Yes, he will get to speak to his attorney and such access by his counsel must be allowed, but there are strict limits on how long he can be denied such access and he should expect the feds to go right up to that limit but not beyond. As someone who apparently has an appreciation for the grey areas in law and society, I am sure we will hear from Marcus how much he appreciates law enforcement taking advantage of the differences between MUST and SHOULD in the societal protocol docs that we call laws and legal precedent.
Re: Regarding Marcus Hutchins aka MalwareTech
#38Re: Regarding Marcus Hutchins aka MalwareTech
#39From afar, America always seems to adopt the sledgehammer to crack a nut approach.
I think this is so because they are based on the archaic principle of guilt and redemption, and not an ethical system that considers the well-being of everybody involved.
Re: Regarding Marcus Hutchins aka MalwareTech
#40From afar, America always seems to adopt the sledgehammer to crack a nut approach.