@scottalanmiller said in I can't even:
OMG, check out this terrible website... and for a guy advertising that he is geriatric. WTF
http://lakewoodranchfamilypractice.com/
Look at the bottom, there is an ad for SEO Services. What the heck? Is the geriatric doctor providing SEO Services? Or is he supplementing his medical practices by advertising SEO Services like as ad placement?
Super late to the party here, but awkward pic for sure....
@JasGot said in What Are You Doing Right Now:
@scottalanmiller said in What Are You Doing Right Now:
Discussing Buc-ees... the Texan trailer decor store.
That's too funny! We were just discussing a new bar near us. Tying to decide if we are going to try their wings....
Small world! My office is a mile away from there.
I haven't been there yet, but I thought the same thing when Scott posted that name.
@Obsolesce said in Looking for free RMM kind, or at least with H/W and S/W inventory software with agent.:
@Emad-R said in Looking for free RMM kind, or at least with H/W and S/W inventory software with agent.:
SaltStack but it lacks GUI.
I think MeshCentral and SS will surely solve alot of your issues
SS will probably be irrelevant by the time it's usable... if it's still a thing now?
Are you thinking SodiumSuite? or is Salt Stack really falling off already?
@black3dynamite said in What Are You Doing Right Now:
First time using Amazon Hub Locker and it was a success. There's one near my house which is awesome.
What is the benefit of using the locker?
I've always seen the option, just never considered it.
@siringo said in What Are You Doing Right Now:
trying to find an intel based, 14", 128GB SSD, 4GB laptop for under $700 for a school.
Do the AMD CPUs work OK or do you get weird buggy things happening with them every now and then??
Did you find one? Should be pretty easy to find.
@Dashrender said in MS Windows 7 SP1 Full Screen Alert:
and maybe, perhaps the Ryzen chips actually are worth a damn compared to the i5's of the world (or better). But getting me to actually spend my money on them.. it's so hard when I've been burned so many times by AMD chips. Am I just unlucky and only end up buying the turd AMD chips?
The new Ryzen chips are definitely worth a damn. They are the real deal. I have a Ryzen 5 3600 and its a beast, and that it's only $180 is huge too.
We bought a burner laptop a few years back with one of the AMD A-Series chips and it was for sure a total piece of shit. Don't hold that against them though, I bet if you bought a new laptop with a Celeron chip you'd be very disappointed, too.
A few years back I wanted to setup my home WIFI credentials as a QR code for guests, but I think that was before iOS had the built in support, I might revisit this now that I know you just need to point the default camera app at it.
Checking back in on some network devices in UNMS after firmware upgrades last night. Moved my ES-48-500W to the "lite" firmware and the CPU and RAM usage has gone down ~10-13%.
Wow. I'm an idiot. I always thought you had to have a QR reader app to use QR codes...
I just tried pointing the regular camera app of my iPhone at it and it read it immediately. :man_facepalming:
@scottalanmiller said in Who do you use for your domain registrar?:
@Dashrender said in Who do you use for your domain registrar?:
@scottalanmiller said in Who do you use for your domain registrar?:
@Dashrender said in Who do you use for your domain registrar?:
Why buy at one, then move the registrar to another?
OH! Because CF doesn't let you buy, but that's where we want the account to be.
What account? CF will be the registrar, but only from transfers?
that sucks.Yes, it's weird. You can only transfer to them, not buy directly.
You can renew there though?
@Dashrender said in Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute Admission of Guilt:
@bnrstnr said in Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute Admission of Guilt:
@Dashrender said in Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute Admission of Guilt:
@scottalanmiller said in [Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute
In a silly example...
"I did it your honor, I murdered him."
"Okay son, but I can't accept your guilt until you are under oath."
"Oh, I won't admit to it under oath."
"Then I'm afraid you are free to go."
We should work with this example, though a bit different.
Cop: We know you killed Jo
defendant: We both know I did it.this is basically what happened,
Cop: You are here because we believe there is CP on your computer
defendant: "we both know what's on there"that's an admission - because the cop told him first what they thought was on the computer. Of course, what we don't know is the actual conversation before the admission part - I'm assuming hasn't been released.
This is nothing like what happened. They asked for his password and he said "we both know what's on there"
If you need to use a murder as an example, here you go:
Cop: "We want to search your house"
Defendant: "We both know what's in there, and it's going to hurt me"That is not an admission to anything... There could be a really mean dog in there that is literally going to hurt him.
You know that? You have the transcripts of the conversation from when they arrested him until his admission? They never mentioned CP once? Well - if that's the case, then you are right, he admitted to something, something the cops know, but that seems really weird to admit that "we both know what's there " if they didn't tell him what they thought was there... why would he think they though it was CP? maybe they thought it was dick punch pictures.. and what's wrong with that?
Do you know I'm wrong? Do you have the transcripts? The original topic was about him handing the passwords over. Sure it looks reaaaalllyyyy bad because of the context of the entire thing, but I still don't see an admission. I do not think the computer could be used as evidence here because nobody actually saw what was on it.
Sure none of that actually matters, because when it comes up and the jury hears it, it will stick with them. Regardless of if the defense can have the computer evidence dismissed.
@Dashrender said in Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute Admission of Guilt:
@scottalanmiller said in [Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute
In a silly example...
"I did it your honor, I murdered him."
"Okay son, but I can't accept your guilt until you are under oath."
"Oh, I won't admit to it under oath."
"Then I'm afraid you are free to go."
We should work with this example, though a bit different.
Cop: We know you killed Jo
defendant: We both know I did it.this is basically what happened,
Cop: You are here because we believe there is CP on your computer
defendant: "we both know what's on there"that's an admission - because the cop told him first what they thought was on the computer. Of course, what we don't know is the actual conversation before the admission part - I'm assuming hasn't been released.
This is nothing like what happened. They asked for his password and he said "we both know what's on there"
If you need to use a murder, or something else, as an example, here you go:
Cop: "We want to search your house"
Defendant: "We both know what's in there, and it's going to hurt me"
That is not an admission to anything... There could be a really mean dog in there that is literally going to hurt him.
@scottalanmiller said in Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute Admission of Guilt:
@bnrstnr said in Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute Admission of Guilt:
@scottalanmiller said in Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute Admission of Guilt:
Agreed, in general. My argument would be that there is a difference between a witness of a crime, and an admission to a crime. Heresay feels like a weird thing to claim against someone's admission of their own activities.
Maybe it's a bad word in this case. But imagine this discussion...
"I ate the sandwich."
"That's heresay"
"No sir, I literally put it in my mouth and ate it, no one told me about it."
Heresay as a word implies something that was heard, not the admission by the initial party.Defendant: "We all know I eat"
Officer: "He ate a sandwich on november 3rd, he said I know that he eats, so I can testify that this is what he ate, even though I didn't actually see him eating a sandwich on that date"
Court: "Umm..... no"No, it's like this.
Defendant: "I ate and the cop there on the stand knows what it was that I ate, his knowledge is accurate."
Officer under oath: "He had a ham and swiss."
Court: "Okay"
No, not at all. He didn't say "anything the police say is on my computer is there"... you're wearing me out here. He made an ambiguous statement about what's there.
@scottalanmiller said in Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute Admission of Guilt:
Agreed, in general. My argument would be that there is a difference between a witness of a crime, and an admission to a crime. Heresay feels like a weird thing to claim against someone's admission of their own activities.
Maybe it's a bad word in this case. But imagine this discussion...
"I ate the sandwich."
"That's heresay"
"No sir, I literally put it in my mouth and ate it, no one told me about it."
Heresay as a word implies something that was heard, not the admission by the initial party.
Defendant: "We all know I eat"
Officer: "He ate a sandwich on november 3rd, he said I know that he eats, so I can testify that this is what he ate, even though I didn't actually see him eating a sandwich on that date"
Court: "Umm..... no"
@scottalanmiller said in Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute Admission of Guilt:
@bnrstnr said in Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute Admission of Guilt:
This is because statements made out of court normally are not made under oath, a judge or jury cannot personally observe the demeanor of someone who makes a statement outside the courtroom, and an opposing party cannot cross-examine such a declarant (the person making the statement).
Part three doesn't matter, because you don't have cross examination when someone has admitted to guilt.
Same with the second part, that's bypassed.
The first part is where it might matter. I doubt oath is necessary, any on the spot claim of guilt is normally accepted in court. That's the same situation that lets a cop shoot you ... if you run into a room and say you are about to kill someone or in the middle of killing someone, they really can just shoot you to stop you. They don't need to wait to see it happen. This is slightly different, but related. Not being under oath seems a bizarre thing for a court to not accept a plea of guilty.
You're ignoring the "Ambiguity" part that I specifically referenced.
@scottalanmiller said in Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute Admission of Guilt:
@bnrstnr said in Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute Admission of Guilt:
This is because statements made out of court normally are not made under oath, a judge or jury cannot personally observe the demeanor of someone who makes a statement outside the courtroom, and an opposing party cannot cross-examine such a declarant (the person making the statement).
Part three doesn't matter, because you don't have cross examination when someone has admitted to guilt.
Same with the second part, that's bypassed.
The first part is where it might matter. I doubt oath is necessary, any on the spot claim of guilt is normally accepted in court. That's the same situation that lets a cop shoot you ... if you run into a room and say you are about to kill someone or in the middle of killing someone, they really can just shoot you to stop you. They don't need to wait to see it happen. This is slightly different, but related. Not being under oath seems a bizarre thing for a court to not accept a plea of guilty.
In a silly example...
"I did it your honor, I murdered him."
"Okay son, but I can't accept your guilt until you are under oath."
"Oh, I won't admit to it under oath."
"Then I'm afraid you are free to go."
You keep proposing different scenarios, like murders and eating sandwiches, instead of sticking to the actual conversation. Sure, what your saying makes sense in those scenarios, but this isn't that.
Anybody testifying about what was on the computer doesn't have first hand knowledge of it, except the defendant.
@scottalanmiller said in Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute Admission of Guilt:
@bnrstnr said in Is Admitting That Someone's Suspicion of Guilt Is Correct Constitute Admission of Guilt:
https://legal-dictionary.thefreedictionary.com/hearsay
In keeping with the three evidentiary requirements, the Hearsay Rule, as outlined in the Federal Rules of Evidence, prohibits most statements made outside a courtroom from being used as evidence in court. This is because statements made out of court normally are not made under oath, a judge or jury cannot personally observe the demeanor of someone who makes a statement outside the courtroom, and an opposing party cannot cross-examine such a declarant (the person making the statement). Out-of-court statements hinder the ability of the judge or jury to probe testimony for inaccuracies caused by Ambiguity, insincerity, faulty perception, or erroneous memory. Thus, statements made out of court are perceived as untrustworthy."Out-of-court statements hinder the ability of the judge or jury to probe testimony for inaccuracies caused by Ambiguity," This part right here is what makes me think that an officers testimony, as Scott describes, would be dismissed as hearsay.
Unless in the interrogation they specifically asked if there was child pornography and he said "we both know there is", which is NOT what happened, then his statement sounds awfully ambiguous.
Agreed, in general. My argument would be that there is a difference between a witness of a crime, and an admission to a crime. Heresay feels like a weird thing to claim against someone's admission of their own activities.
Maybe it's a bad word in this case. But imagine this discussion...
"I ate the sandwich."
"That's heresay"
"No sir, I literally put it in my mouth and ate it, no one told me about it."
Heresay as a word implies something that was heard, not the admission by the initial party.
That's the thing, he didn't actually admit to it. His statement about "we all know what's on there" is ambiguous. Like I said early, the defense could say he meant his embarrassing cosplay pics, or literally anything else.
https://legal-dictionary.thefreedictionary.com/hearsay
In keeping with the three evidentiary requirements, the Hearsay Rule, as outlined in the Federal Rules of Evidence, prohibits most statements made outside a courtroom from being used as evidence in court. This is because statements made out of court normally are not made under oath, a judge or jury cannot personally observe the demeanor of someone who makes a statement outside the courtroom, and an opposing party cannot cross-examine such a declarant (the person making the statement). Out-of-court statements hinder the ability of the judge or jury to probe testimony for inaccuracies caused by Ambiguity, insincerity, faulty perception, or erroneous memory. Thus, statements made out of court are perceived as untrustworthy.
"Out-of-court statements hinder the ability of the judge or jury to probe testimony for inaccuracies caused by Ambiguity," This part right here is what makes me think that an officers testimony, as Scott describes, would be dismissed as hearsay.
Unless in the interrogation they specifically asked if there was child pornography and he said "we both know there is", which is NOT what happened, then his statement sounds awfully ambiguous.
lol I guess we'll see how it plays out in court. I'm not a lawyer, so yeah, I really don't know :man_shrugging:
@scottalanmiller said in Miscellaneous Tech News:
That might be true, but it's also irrelevant. He said that what the "cops knew", was what was on there. I'm not saying that him admitting to the crime actually proves that he did it, I'm saying that admitting to it is all that matters from a court perspective.
It's still speculation. They don't ACTUALLY know, because they've never been there...
