Let's break it down...

[admin]

let's break this down ... shall we ...



I'm seeking a motion to suppress from evidence seized from an unlawful search. from two search warrants pursuant to the Fourth Amendment of the constitution and under Illinois's state constitution Article 1 section 6 and under ILCS 5/114-12(a)(2).

The fourth amendment states:

• "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Illinois Constitution Article 1 Section 6 states:

"The people shall have the right to be secure in their persons, houses, papers and other possessions against unreasonable searches, seizures, invasions of privacy or interceptions of communications by eavesdropping devices or other means. No warrant shall issue without probable cause,
supported by affidavit particularly describing the place to be searched and the persons or things to be seized."


ILCS 5/114-12(a)(2) states:

" (a) A defendant aggrieved by an unlawful search and seizure may move the court for the return of property and to suppress as evidence anything so obtained on the ground that: (2) The search and seizure with a warrant was illegal because the warrant is insufficient on its face; the evidence seized is not that described in the warrant; there was not probable cause for the issuance of the warrant; or, the warrant was illegally executed.

[admin]

The police seized every computer in my home, which is shared with my parents. The search warrant was based on a threat made on a message board without first establishing it was posted by me. before you get a search warrant you have to do some investigation and establish a connection between the crime and the person, or in this case, the crime (a threat posted on a website) and my computer. The police ignored this fact and arrested me, and seized my computers without establishing it was me that posted the threat, and when they did learn that there was no link between me and my computer with that threat they didn't care and handed the computers over the FBI to go through them. The search warrant should have never been issued because there was no probable cause, The warrant was also a general search warrant, which is illegal in the United States. The threat wasn't posted by me, and they police knew it, but didn't care and handed the computers over to the FBI so the FBI could rummage through the computers unfettered by unlimited general search warrant. The FBI found a computer-generated image (which is legal Ashcroft v Free Speech Coalition US Supreme Court 2002 and Illinois v Alexander Illinois Supreme Court 2003) The FBI stopped the search to get a second warrant which took them 686 days to get the second warrant (which is consider unreasonable) claiming they had lawful possession of the computers under a state warrant. The officer failed to tell the judge that the charges had been dropped, and the warrant had been quashed. Even if the warrant hasn't been quashed it was a general warrant, because it not only seized the devices (there was 15 devices), but it also seized all the data in the computer. Not all the data in devices did they have probable cause for, and the courts (including the US Supreme Court) has stated that the government including the police cannot seize all the data in a computer or phone.

[admin]

If you don't care then don't come here, it's that simple

[admin]

Like I said don't like what I post then don't come here. Stop be a burden to society, with your childish bullshit you fucking wanker.

[admin]

BTW it funny because you don't BALLS to prove me wrong, so you have to be childish and stupid. I say you're a child simply because you apparently can't act or talk like an adult. Your parents should allow you on the internet until you act like an adult.

[admin]

no you haven't

[admin]

because this is the first time, I actually break down the motion to dismiss from the actual court file.

[admin]

The FBI received a tip from an individual who name was "Mark" and claimed to be in the United States, however his IP address was from France meaning he was obscuring his actually location. The tip was in regard to a threat on a website called Hate and Flame. The tip went like this: "I don't know if this is real or not, but this is crazy with multiply arrest (Todd Daugherty) The tipster hid his location, nor did he explain how he knew it was actually Todd Daugherty. Not to mention he left out that fact that the website Hate and Flame required no login email or password. Along with not have an email and password to login, well no login at all. he also failed to inform the FBI that the website is a cesspool of individuals who attack each other, people pretending to be other people and nothing but a toxic environment. So how did he actually know it was Todd Daugherty? The fact is he didn't, and he even says it in his own tip "I don't know if this is real or not" So he didn't know if Todd posted it or not. and as well later learn from hate and flame own Internet Service Provider, Todd Daugherty NEVER posted on that site.