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Stupid Case File for March 21, 2007

The Boy George Crime Busters Club

Thanks once again to Decision of the Day for another peek into our appeals system.

U.S. v. Yang, 06-3017 (7th Cir., Mar. 7, 2007)

Remember Boy George, who called police to report a break-in, only to be busted when police found cocaine in his apartment? Well, defendant You Bin Yang could have learned a lesson from Mr. George, as he suffered a similar fate after he summoned police to his home to report a burglary. The police asked Yang if they could take some items for fingerprinting, including some notebooks that contained accounting information written in Chinese. It turned out that Yang was under investigation for tax fraud, and the police intended to make copies of the notebooks before returning them. Indeed, Yang even gave them permission to copy the notebooks after the crime lab informed him that the fingerprinting process could make the books illegible.

As police expected, Yang’s notebooks contained damning evidence that, once translated into English, helped the feds secure an indictment. Yang argued that the evidence from the notebooks should be suppressed, but the district court denied his motion. On appeal, the Seventh Circuit affirms Yang’s conviction. The Court explains that Yang gave up any expectation of privacy he had in the notebooks when he allowed police to take them for fingerprinting and then copy them, without any qualification. Accordingly, he cannot claim any Fourth Amendment protection for the information contained therein.


Blogger JR's Thumbprints said...

Dang Yang gave them the wrong thang.

March 19, 2007 11:56 PM  
Blogger Malinda777 said...

OMG...hate to admit it, but boys will be boys...

This story reminds me of the time (MANY YEARS ago) when my young son of about 11, and his brother of about 5 got "busted" shooting a cock fighting rooster in the woods of Mississippi with a BB-Gun.

The sheriff calls my "friend" who's babysitting my kids for the first time as I'm stuck at work. Boyfriend as it turned out...didn't marry him...but...

He barely knew me at this time. The phone rang, and baby boy answered...big brother grabbed the phone away because baby brother OBVIOUSLY can't talk...who knew it was the PO PO...

My boys were in the woods with a BB-Gun and shot a prize fighter's cock rooster.

I got served in the end with charges of $3000. I'M A SINGLE MOTHER...HELLOOOOO...$30000WTF

Now...me, knowing that cock fighting is ILLEGAL... made the comment to the police that $3000 for an 11 & 5 year old boy was excessive. Especially since cock fighting roosters are entertaining, but ILLEGAL. It's like complaining to the police that... OMG...I had $3000 of cocaine flushed down the toilet! Arrest the MF that flushed my drugs!

ILLEGAL is ILLEGAL... I'm not paying that price. Believe it or not... in the end... I DIDN'T have to pay $3000... but did have to pay $200 of $300 because the guy produced a catalog of "baby chicks" of the particular variety that showed a baby cock fighting rooster chick is worth $300... and I had TWO SONS of three boys that were guilty.

Funny Southern trivia...and YES it does happen.

Glad to say my sons are still great shots, but today they are 24 & 18 and great young men...

March 20, 2007 2:21 AM  
Blogger sexy said...

This comment has been removed by a blog administrator.

December 07, 2008 12:43 AM  

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