It likely included searching all "computers" and while these guys are going to be screwed on other grounds (namely gross abuse of privaleges, etc) but I don't think the fourth amendment will be applied here. Also the only remedy for fourth amendment searches is exclusion. Unless they found something on it that they want to use as evidence, the wii abuse is irrelevant to the raid.
The Fourth Amendment also has to specify what they're allowed to search for. No reasonable judge would believe that Wii Sports might contain information related to drug dealing.
I suppose it might be reasonable to boot the disc, just to make sure it's not a CD-R in disguise; but, after that, they should shut it down.
Actually, no. The search warrant didn't include all computers, or they would've taken the computer that the security webcam was using to record this. The search warrant specified weapons and drugs and searching in areas where drugs and weapons may be hidden. Once you touch or mess with anything outside the scope of the search warrant, you can actually invalidate the search warrant and what you found with the search warrant (similar to touching something you shouldn't in a crime scene). Essentially, these cops screwed up royally and deserve to reprimanded royally.
@Mack Swift: "or they would've taken the computer" -- they were undercover; I suppose they might've been looking for evidence, but not taking anything. That would've given them probably cause to expand the search to known associates, without alerting the (alleged) drug dealer.
Now that we've thrown 'em off the trail, use the form below to get in touch with the people at Engadget. Please fill in all of the required fields because they're required.
It likely included searching all "computers" and while these guys are going to be screwed on other grounds (namely gross abuse of privaleges, etc) but I don't think the fourth amendment will be applied here. Also the only remedy for fourth amendment searches is exclusion. Unless they found something on it that they want to use as evidence, the wii abuse is irrelevant to the raid.
The Fourth Amendment also has to specify what they're allowed to search for. No reasonable judge would believe that Wii Sports might contain information related to drug dealing.
I suppose it might be reasonable to boot the disc, just to make sure it's not a CD-R in disguise; but, after that, they should shut it down.
Actually, no. The search warrant didn't include all computers, or they would've taken the computer that the security webcam was using to record this. The search warrant specified weapons and drugs and searching in areas where drugs and weapons may be hidden. Once you touch or mess with anything outside the scope of the search warrant, you can actually invalidate the search warrant and what you found with the search warrant (similar to touching something you shouldn't in a crime scene). Essentially, these cops screwed up royally and deserve to reprimanded royally.
And since they found no evidence on the Wii, a Judge would consider the police use of the console irrelevant to the validity of the search.
No different than if they watched a baseball game on the guy's TV while they conducted the search.
@Mack Swift: "or they would've taken the computer" -- they were undercover; I suppose they might've been looking for evidence, but not taking anything. That would've given them probably cause to expand the search to known associates, without alerting the (alleged) drug dealer.