The Daily Click ::. Forums ::. Misc Chat ::. Hacking and stolen evidence
 

Post Reply  Post Oekaki 
 

Posted By Message

Assault Andy

Administrator
I make other people create vaporware

Registered
  29/07/2002
Points
  5686

Game of the Week WinnerVIP Member360 OwnerGOTM JUNE - 2009 - WINNER!GOTM FEB - 2010 - WINNER!	I donated an open source project
11th April, 2007 at 02:04:54 -

For starters, say that Person A knew as a fact that Person B had committed a serious crime, such as murder but Person A had no evidence apart from his own knowledge. If Person A hacked into Person B's computer and found evidence which proved Person B committed this crime, could Person A use this evidence in court or to give to the police to convict (or at least start an investigation into) him\her?

What I'm asking is, if you hacked into someone's computer and used information found on their computer which linked them to a crime, could you use that against them? Or would this information be not valid, because you were not authorized to take it? Secondly, would Person A get into any trouble with the law for hacking in the first place, even if this information was for the benefit of conviciting a killer?

I'd appreciate any opinions, and if possible anyone who actually knows what they're talking about. Do we have any lawyers on TDC? I'm from Australia by the way, the laws might differ slightly... this is all hypothetical, of course. Thank you.

 
Creator of Faerie Solitaire:
http://www.create-games.com/download.asp?id=7792
Also creator of ZDay20 and Dungeon Dash.
http://www.Jigxor.com
http://twitter.com/JigxorAndy

Peblo

Custom ratings must be 50 characters or less

Registered
  05/07/2002
Points
  185

Game of the Week WinnerVIP MemberI'm on a Boat360 OwnerAttention GetterThe Cake is a LieCardboard BoxHero of TimePS3 OwnerIt's-a me, Mario!
I'm a Storm TrooperSonic SpeedStrawberryI like Aliens!Wii OwnerMushroomGhostbuster!
11th April, 2007 at 02:16:26 -

I'm in a business law class studying to be a lawyer and I read about a case here (USA) where some lawyers had some people steal evidence out of an office building, and it was okay because the courts had a similar case where people stole evidence and the court allowed it.

I have no idea about Australia laws though. I'll ask my teacher.

Image Edited by the Author.

 
"Isn't it always amazing how we characterize a person's intelligence by how closely their thinking matches ours?"
~Belgarath

Phredreeke

Don't listen to this idiot

Registered
  03/08/2002
Points
  4504

You've Been Circy'd!VIP MemberPS3 Owner
11th April, 2007 at 03:15:31 -

Of course, if person A hacked into the computer, person A may just as well have put false evidence there.

 
- Ok, you must admit that was the most creative cussing this site have ever seen -

Make some more box arts damnit!
http://create-games.com/forum_post.asp?id=285363

BattleCat



Registered
  08/09/2002
Points
  978

VIP MemberThe Cake is a LieIt's-a me, Mario!Wii OwnerPokemon Ball!
11th April, 2007 at 05:25:56 -

i have nothing to back it up, but i'm quite sure that if you do something illegal to obtain evidence, you can't use it in most courts.

 
n/a

Deleted User
11th April, 2007 at 05:57:14 -

In the United States it's possible to repeat something that has already been done, like Peblo said, and there would be the same consequence for the hacker unless the situation demands it differently. Otherwise, you'd need to get a warrant to search his computer and find them. Or maybe trick his/her lawyer into presenting it to the court as to make them believe they've nothing to hide, etc.
At least, that's what a lawyer friend told me.

 

Dr. James MD

Addict

Registered
  08/12/2003
Points
  11941

First GOTW AwardSecond GOTW AwardThird GOTW AwardPicture Me This -Round 26- Winner!
11th April, 2007 at 06:50:11 -

It wouldn't matter in England, the murderer would get off in 3 days and go hunt down everyone involved in putting him in prison for half a week.

 
Image
http://uk.youtube.com/watch?v=j--8iXVv2_U
On the sixth day God created Manchester
"You gotta get that sand out your vaj!" x13
www.bossbaddie.com

Joe.H

Evil Faker

Registered
  19/08/2002
Points
  3305
11th April, 2007 at 07:06:55 -

tru dat.

 
My signature is never too big!!!

Peblo

Custom ratings must be 50 characters or less

Registered
  05/07/2002
Points
  185

Game of the Week WinnerVIP MemberI'm on a Boat360 OwnerAttention GetterThe Cake is a LieCardboard BoxHero of TimePS3 OwnerIt's-a me, Mario!
I'm a Storm TrooperSonic SpeedStrawberryI like Aliens!Wii OwnerMushroomGhostbuster!
11th April, 2007 at 07:33:13 -

Sounds like a fantastic law system.

 
"Isn't it always amazing how we characterize a person's intelligence by how closely their thinking matches ours?"
~Belgarath

Matt Boothman

The Nissan Micra of forum members

Registered
  20/09/2002
Points
  107

Game of the Week Winner
11th April, 2007 at 07:56:57 -

Person A should alert the authorities, and they could issue a search warrant. Any evidence gained illegally cannot be used in court.

 
http://soundcloud.com/normbo - Listen to my music.

Assault Andy

Administrator
I make other people create vaporware

Registered
  29/07/2002
Points
  5686

Game of the Week WinnerVIP Member360 OwnerGOTM JUNE - 2009 - WINNER!GOTM FEB - 2010 - WINNER!	I donated an open source project
11th April, 2007 at 08:55:30 -

PhreddySE - That's very true. There's nothing to stop Person A planting evidence in the first place. I didn't think of that. So it's not very credible then.

As for getting a warrant, that probably wouldn't work. If Person A told the authorities, then they wouldn't do much. The police aren't going to search somebody's computer, just because someone called and told them to. Say this was for an unreported crime as of now (but still a serious one), such as aggravated assault or rape. If Person A just called up the police, they probably wouldn't think that would be enough to issue a warrant - otherwise anyone could just call up the cops and tell them to search for child porn on somebody's computer that they don't like

 
Creator of Faerie Solitaire:
http://www.create-games.com/download.asp?id=7792
Also creator of ZDay20 and Dungeon Dash.
http://www.Jigxor.com
http://twitter.com/JigxorAndy

Noyb



Registered
  31/05/2004
Points
  1117

VIP Member
11th April, 2007 at 09:43:56 -

I think that's only legal in the Phoenix Wright games, where B&E and warrantless searching is the norm.

 
"Omg. Where did they get the idea to not use army guys? Are they taking drugs?" --Tim Schafer on originality in videogames

Zimtower



Registered
  20/12/2002
Points
  933
11th April, 2007 at 10:32:05 -

Andy!
Ask Shadowcaster, he is actually an officer in Australia and he might know
something about this.

 
Do I smell doom in the air?

Radix

hot for teacher

Registered
  01/10/2003
Points
  3139

Has Donated, Thank You!VIP MemberGOTW WINNER CUP 1!GOTW WINNER CUP 2!GOTW WINNER CUP 3!GOTW WINNER CUP 4!
13th April, 2007 at 04:53:21 -

At the very least you'd probably give the police cause to search the computer legally.

 
http://www.klikscene.com

Matt Boothman

The Nissan Micra of forum members

Registered
  20/09/2002
Points
  107

Game of the Week Winner
13th April, 2007 at 05:52:00 -

I don't think it's very plausible that Person A would only have his own knowledge of a crime, and no evidence. If there's a murder, there's a body - there'd be a motive and there's be a means of killing them. If you saw any of this, you could report the details to the police, and this would be evidence.

 
http://soundcloud.com/normbo - Listen to my music.

Assault Andy

Administrator
I make other people create vaporware

Registered
  29/07/2002
Points
  5686

Game of the Week WinnerVIP Member360 OwnerGOTM JUNE - 2009 - WINNER!GOTM FEB - 2010 - WINNER!	I donated an open source project
14th April, 2007 at 09:21:49 -

For murder there would definitely be lots of evidence. But say for a crime that happened a while ago. What about if someone was assaulted for instance, and you hadn't alerted authorities. All the hard evidence would be gone, but there might be chatlogs or videos on a computer somewhere. The same thing goes for a theft or rape, there might not be any immediate evidence left.

Does Shadowcaster read these boards anymore? I never see him on msn either.

 
Creator of Faerie Solitaire:
http://www.create-games.com/download.asp?id=7792
Also creator of ZDay20 and Dungeon Dash.
http://www.Jigxor.com
http://twitter.com/JigxorAndy

Joe.H

Evil Faker

Registered
  19/08/2002
Points
  3305
14th April, 2007 at 09:27:08 -

Unless he reads them without being logged in, no.

 
My signature is never too big!!!

Matt Boothman

The Nissan Micra of forum members

Registered
  20/09/2002
Points
  107

Game of the Week Winner
14th April, 2007 at 13:44:16 -

If it happened ages ago, why didn't Person A report it then?

Maybe I'm being pedantic, but there are very few situations where this would exist.

 
http://soundcloud.com/normbo - Listen to my music.

Deleted User
14th April, 2007 at 16:37:47 -

Well, or say it's not murder but the premeditation of one. There's no physical evidence, only maybe a chat-log. And in that case, although it's not really a crime yet, the police could hire an investigator, etc.

 

~Matt Esch~

Stone Goose

Registered
  30/12/2006
Points
  870

VIP Member
15th April, 2007 at 08:33:46 -

I guess you are within your rights to give evidence anonymously. In that case questions cannot be asked as to where the information came from, however it may not be enought to warrant an arrest, but would probably be enough to go on to obtain the information in a legal way, i.e. search warrant so that the computer's files could be extracted in an official manner and given as evidence. I doubt a chat log by itself would ever be enough as I could spoof one now but the problem is that there isn't any evidence of its originating source. The evidence could then however lead to the confiscation of the computer and maybe even a subpoena on the internet activity logs ISPs are meant to keep by law for a limited period of time. Thats when they play the "my router isn't secured, anyone could have connected to it by spoofing my mac address" card lol.

 
http://create-games.com/project.asp?id=1875 Image


Pkeod

Oontz Oontz Oontz

Registered
  19/11/2002
Points
  93

VIP Member
15th April, 2007 at 14:32:01 -

He's on to me...

 
Faerie Solitaire - Get it now:

http://www.create-games.com/download.asp?id=7792

Pkeod

Oontz Oontz Oontz

Registered
  19/11/2002
Points
  93

VIP Member
15th April, 2007 at 14:38:52 -

btw... if you want the evidence to be accepted into court you'll either need to subpoena somebody to give testimony (if they knew what was up) or get a search warrant.

 
Faerie Solitaire - Get it now:

http://www.create-games.com/download.asp?id=7792

Reno



Registered
  11/01/2005
Points
  906
15th April, 2007 at 18:02:07 -

I didn't feel like reading everytthing everyone posted but Phred is right.
a) if you hacked in, you can plant evidence
b) the person b will be investigated
c) you do get in trouble because regardless hacking is illegal no matter what

 
Reborn Again
   

Post Reply



 



Advertisement

Worth A Click