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by bad_user
5476 days ago
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If I get in your car that's just laying there on the street and "borrow" it for a week without telling you anything, do you think the court will question whether I overstepped my bounds? Do you think I can avoid getting slapped? After all, I do have the right to drive cars, including cars which I don't own. |
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How is this at all analogous to a warranted search? The FBI had permission to take something - so did they perform due diligence to make sure they took the correct something? That is the question.
So let's say I gave you permission to drive my car. It's green. You hop in a green car near my house, find the keys in the ignition and leave for four hours of errands. (Typically, I'd give you my key and you'd select a car that the key fits, but not today.) My neighbor reports his green car stolen and the police intercept you on your way back into the neighborhood. Did you perform "proper diligence" in selecting the correct car to take?
I have no idea how this situation would play out, but I suspect your own intent (to drive MY green car) plays into the considerations of the prosecuting attorney.