FERRET-SEARCH Archives

Searchable FML archives

FERRET-SEARCH@LISTSERV.FERRETMAILINGLIST.ORG

Options: Use Forum View

Use Monospaced Font
Show Text Part by Default
Show All Mail Headers

Message: [<< First] [< Prev] [Next >] [Last >>]
Topic: [<< First] [< Prev] [Next >] [Last >>]
Author: [<< First] [< Prev] [Next >] [Last >>]

Print Reply
Subject:
From:
Date:
Fri, 22 Sep 2000 03:08:03 -0700
Content-Type:
text/plain
Parts/Attachments:
text/plain (40 lines)
Kim wrote:
 
>After speaking with her lawyer, I was basically told if the photos and
>information are NOT removed IMMEDIATELY, that I will be criminally
>charge, on a Defamation of Character charge and violating her fourth
>amendment rights.
 
Kim,  'defamation of character' is a civil matter, not criminal.  No one
is coming to your house to arrest you on this one.
 
>The photos have been supressed by a judge, and cannot be used in a
>court of law,..........
 
I would find out about this statement.  Something doesn't sound right.
If the photos were taken on premises by any authority that entered the
premises with an illegal or nonexistent search warrant, then a court can
suppress any evidence obtained in that manner.  If 'you' took the photos
and she has been cleared of all charges, your distribution of those photos
on your web site could be harmful to her right to do business and could be
actionable.  (Makes no difference what your opinion is..if she has been
cleared of any and all charges stemming from the original SPCA charges,
your actions, no matter how honorable ARE actionable.)
 
>but I don't see how they can legally tell me to remove my thoughts,
>observations and experience regarding those 29 ferrets.
 
Legally, the attorney can't.  He can request it and if you don't, he could
sue you.  If a court has suppressed any of the information you have on
line, then the attorney must show you the court order and exactly what
has been suppressed.  You can find this out yourself by getting the case
number and reviewing what has transpired in that court case.
 
Hopefully an attorney reads your post and can respond much more accurately
than I.  (I am not an attorney!  Pretty obvious with my ramblings!)
 
MC, The Rude One
(With Snorkle, Tuzigoot, and Bancho.  In spirit, Bubba, Billy-Bob, and
Garret.)
[Posted in FML issue 3183]

ATOM RSS1 RSS2