Current Events > Here is a letter I sent to my attorney explaining how I broke no laws.

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DawkinsNumber4
09/07/17 12:08:54 AM
#1:


E-mail I just sent my attorney.

https://whitecollarblog.mmwr.com/2014/05/05/am-i-on-speaker-pa-supreme-court-oks-eavesdropping-using-phones/

This is PA case law but it explains quite well and is pretty much the same as Maryland's.

"The Pennsylvania Wiretap Act also includes specific exceptions that allow telephone marketers and utility providers to record their conversations with marketing subjects and customers, so long as they are notified of the recording. 18 Pa. C.S.A. § 5704. We suspect you’ve all heard a telephone marketer or customer service representative on the other end of a telephone tell you, in rapid monotone, that your conversation is being recorded for quality assurance purposes.

The Pennsylvania Supreme Court in Spence, however, found that the way or by whom a telephone is used to record or otherwise intercept communications is immaterial – the Act does not prohibit the use of telephones to intercept communications, period: “the language of the statute does not state that it is the use to which the telephone is being put which determines if it is considered a device.”

Respectfully, in our view the statutory exclusion of telephones from the Act’s definition of “electronic, mechanical or other device[s]” appears intended to convey only that when people use their telephones to communicate with others in the ordinary course of their business or day-to-day activities, they are not at risk of violating the Act. If the legislature intended otherwise, there would be little reason to carve out specific statutory exceptions for telephone marketers and utility providers who wish to record their telephone conversations.
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DawkinsNumber4
09/07/17 12:09:13 AM
#2:


"We do not think the Pennsylvania legislature intended in 1988 to enact a blanket exclusion of all telephones from the Act’s definition of “electronic, mechanical or other device[s].” Suppression of evidence and potential criminal liability under the Act should not depend on whether the device used to intercept a communication is a telephone. A citizen who secretly records a private communication using her smartphone should be held to the same standard under the Act as someone who engages in the same conduct using a tape recorder."

Michael, the writer of the blog link wrote that. I disagree with Michael and I will tell you why. Again, we must remember the law is against the unlawful acquisition of communications not the unlawful recording of communications. When a person records a in person meeting with their boss with their phone it would clearly be a wiretap but the same is not true when recording your own phone calls. The act was made without smartphones and the Internet in mind. So let us consider the question by continuing with the understanding that the act was intended to protect a telephone used as a telephone and any equipment or component thereof. Using a smartphone to surreptitiously record a conversation that isn't a telephone call leads to two issues. Number one, the person speaking consented to your (the recipient's) aural interception and NOT the interception of the recording device/smartphone. Two, let us remember that in such a case one would be charged with interception of an oral communication and according to 10-401

(13) (i) “Oral communication” means any conversation or words spoken to or by any person in private conversation.
(ii) “Oral communication” does not include any electronic communication.

Notice the usage of the phrase "private conversation"? An oral communication is not an electronic communication. I am charged with interception of an electronic communication. According to 10-401
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DawkinsNumber4
09/07/17 12:10:00 AM
#3:


(5) (i) “Electronic communication” means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system.
(ii) “Electronic communication” does not include:
1. Any wire or oral communication;
2. Any communication made through a tone–only paging device; or
3. Any communication from a tracking device.

Notice the lack of usage of the word "private" here? The inherent expectation or privacy in an oral communication comes from the definition of "private" in which to my understanding one would generally have one question whether there was an expectation of privacy or not. For an electronic communication we never deal with the issue of consent outside of all parties needing to consent to the interception of a communication, not the recording. The expectation of privacy is irrelevant outside of that criteria, the need to consent to the interception.

So basically in one case we have a smartphone not being used as a telephone and being used as a tape recorder to record an oral communication. In my case we have both parties to the phone call willfully consenting for each other to aurally intercept the communication and for each other's phone to intercept the communication as they know the phone and its components thereof receives and sends the communication to their intended recipient of said communication. A phone call should always either be a wire communication or an electronic communication, never an oral communication. Expectation of privacy outside of the need to consent to the interception never comes into play outside of an "oral communication" which is a "private conversation".

Hopefully this isn't too confusing Mr. Littrell. if you have any questions let me know. Thank you for your time.

Respectfully,
Dustin *********"
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Eevee-Trainer
09/07/17 12:11:04 AM
#4:


tag
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Maybe I'll put something here one day.
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Letron_James
09/07/17 12:11:35 AM
#5:


Eevee-Trainer posted...
tag

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Zikten
09/07/17 12:11:40 AM
#6:


you need to quit while you can. this isn't worth losing your freedom over
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DawkinsNumber4
09/07/17 12:13:53 AM
#7:


Zikten posted...
you need to quit while you can. this isn't worth losing your freedom over



That's not a counter-argument.
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Cornmuffins
09/07/17 12:14:37 AM
#8:


Keep fighting the good fight.
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TheVipaGTS
09/07/17 12:14:38 AM
#9:


no one cares anymore.
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Puglia77
09/07/17 12:16:51 AM
#10:


DawkinsNumber4 posted...
Respectfully,
Dustin *********"

We already know your name, why censor it
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DawkinsNumber4
09/07/17 12:16:57 AM
#11:


TheVipaGTS posted...
no one cares anymore.



Why are you posting?
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nevershine
09/07/17 12:17:21 AM
#12:


I believe in you
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DawkinsNumber4
09/07/17 12:17:22 AM
#13:


Puglia77 posted...
DawkinsNumber4 posted...
Respectfully,
Dustin *********"

We already know your name, why censor it


Modfaqs
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The_Donald
09/07/17 12:18:22 AM
#14:


Im sure your attorney passed this letter around the office giving everyone a good laugh.
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The_Donald
09/07/17 12:20:12 AM
#15:


Also remember Dustins perceptual reasoning ability is lower than 75% of the populations.

He doesnt even understand what hes doing.
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0AbsoluteZero0
09/07/17 12:20:28 AM
#16:


Why not, y'know, listen to your attorney's advice on this matter? I know you've put a lot of effort into researching laws which may be relevant, but your lawyer is actually an expert in the field...
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DawkinsNumber4
09/07/17 12:21:04 AM
#17:


0AbsoluteZero0 posted...
Why not, y'know, listen to your attorney's advice on this matter? I know you've put a lot of effort into researching laws which may be relevant, but your lawyer is actually an expert in the field...



My lawyer asked me to send him any relevant case law. Hence, the e-mail.
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0AbsoluteZero0
09/07/17 12:24:17 AM
#18:


DawkinsNumber4 posted...
0AbsoluteZero0 posted...
Why not, y'know, listen to your attorney's advice on this matter? I know you've put a lot of effort into researching laws which may be relevant, but your lawyer is actually an expert in the field...


My lawyer asked me to send him any relevant case law. Hence, the e-mail.

Oh, gotcha. I sorta figured they would handle that kind of thing at the office without your input lol
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glitteringfairy
09/07/17 12:24:42 AM
#19:


That's Pennsylvania law, not Maryland
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DarthAragorn
09/07/17 12:26:03 AM
#20:


0AbsoluteZero0 posted...
DawkinsNumber4 posted...
0AbsoluteZero0 posted...
Why not, y'know, listen to your attorney's advice on this matter? I know you've put a lot of effort into researching laws which may be relevant, but your lawyer is actually an expert in the field...


My lawyer asked me to send him any relevant case law. Hence, the e-mail.

Oh, gotcha. I sorta figured they would handle that kind of thing at the office without your input lol

The lawyer just asked him to do this to minimize any time he might spend making a fool of himself
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KStateKing17
09/07/17 12:28:19 AM
#21:


Can you summarize what you did and the letter please?
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kingdrake2
09/07/17 12:30:23 AM
#22:


glitteringfairy posted...
That's Pennsylvania law, not Maryland


wish he would accept his fate while he can maybe they'll go easy on him just to save some trouble.
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Dash_Harber
09/07/17 12:32:38 AM
#23:


DawkinsNumber4 posted...

My lawyer asked me to send him any relevant case law. Hence, the e-mail.


Two questions. Firstly, do lawyer normally require their clients to do some of their work?

And second, you seem to have missed a question I've been asking for awhile. You stated that your actions that lead to your arrest were the result of medicine that was prescribed to you having a bad effect. Does that mean that you now recognize that you were at fault in that situation?
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The_Donald
09/07/17 12:34:54 AM
#24:


DawkinsNumber4 posted...
Hopefully this isn't too confusing Mr. Littrell.

Dustin implying his understanding of the law migjt end up confusing an attorney. Oh lawd.
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kingdrake2
09/07/17 12:36:10 AM
#25:


The_Donald posted...
DawkinsNumber4 posted...
Hopefully this isn't too confusing Mr. Littrell.

Dustin implying his understanding of the law migjt end up confusing an attorney. Oh lawd.


attorney's getting paid regardless. it's not a problem.
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The_Donald
09/07/17 12:36:55 AM
#26:


kingdrake2 posted...
The_Donald posted...
DawkinsNumber4 posted...
Hopefully this isn't too confusing Mr. Littrell.

Dustin implying his understanding of the law migjt end up confusing an attorney. Oh lawd.


attorney's getting paid regardless. it's not a problem.

I would pay to skip this case.
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Rika_Furude
09/07/17 12:38:02 AM
#27:


Its your attorneys job to tell you what laws you broke, not the other way around. Another huge failure by tc
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ZombiePelican
09/07/17 12:40:11 AM
#28:


So I haven't been following this saga from the start, is this guy for real or just RPing really hard?
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Zeeak4444
09/07/17 12:40:12 AM
#29:


KStateKing17 posted...
Can you summarize what you did and the letter please?


Oh god. Jumping in now is not really TL;DR.

0AbsoluteZero0 posted...
Why not, y'know, listen to your attorney's advice on this matter? I know you've put a lot of effort into researching laws which may be relevant, but your lawyer is actually an expert in the field...


Aside from the other responses I agree with what you're saying and probably would myself but I know more than a few lawyers and they'll be honest when they say depending on workload and such stuff like that just isn't found or considered so inputs not always a bad thing (apparently in this case it was requested).

Cornmuffins posted...
Keep fighting the good fight.


I'm so mixed on this but this.
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Rika_Furude
09/07/17 12:40:33 AM
#30:


The_Donald posted...
kingdrake2 posted...
The_Donald posted...
DawkinsNumber4 posted...
Hopefully this isn't too confusing Mr. Littrell.

Dustin implying his understanding of the law migjt end up confusing an attorney. Oh lawd.


attorney's getting paid regardless. it's not a problem.

I would pay to skip this case.

Tc hired a scumbag lawyer so for him its just free money with no effort involved since its such an open and shut case that will only end 1 way
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TheVipaGTS
09/07/17 12:41:05 AM
#31:


DawkinsNumber4 posted...
TheVipaGTS posted...
no one cares anymore.



Why are you posting?

To tell you that no one gives a fuck.
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BignutzisBack
09/07/17 12:41:34 AM
#32:


The other two being mrs. Connelly and then Anonymous man how could this be the car was definitely only a four seater right but if you take a look anywhere now it's a 6 seed the presidential limo was a 1961 Lincoln Continental four-door convertible codenamed x 100 by the Secret Service records indicate that has an eisenhardt of Cincinnati Ohio was responsible for customizing the car to function as a presidential parade limousine literally cutting it in half reinforcing it extending it three and a half feet in length and making numerous other
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Callixtus
09/07/17 12:43:18 AM
#33:


Dash_Harber posted...
DawkinsNumber4 posted...

My lawyer asked me to send him any relevant case law. Hence, the e-mail.


Two questions. Firstly, do lawyer normally require their clients to do some of their work?

Lmao at paying someone and doing their work for them.

glitteringfairy posted...
That's Pennsylvania law, not Maryland

Also this.
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DawkinsNumber4
09/07/17 1:13:26 AM
#34:


glitteringfairy posted...
That's Pennsylvania law, not Maryland


"This is PA case law but it explains quite well and is pretty much the same as Maryland's."
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DawkinsNumber4
09/07/17 1:14:31 AM
#35:


TheVipaGTS posted...
DawkinsNumber4 posted...
TheVipaGTS posted...
no one cares anymore.



Why are you posting?

To tell you that no one gives a fuck.



As you continue to post. Contrary aren't we?
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DawkinsNumber4
09/07/17 1:15:23 AM
#36:


Callixtus posted...
Dash_Harber posted...
DawkinsNumber4 posted...

My lawyer asked me to send him any relevant case law. Hence, the e-mail.


Two questions. Firstly, do lawyer normally require their clients to do some of their work?

Lmao at paying someone and doing their work for them.

glitteringfairy posted...
That's Pennsylvania law, not Maryland

Also this.



It's a public defender and I am more well-read than most people in general so I am more capable than your typical defendant when it comes to defense preparation.
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Callixtus
09/07/17 1:16:50 AM
#37:


So why did you prep PA law instead of Maryland? You do know everything you wrote has no legal force in that state right?
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DirkDiggles
09/07/17 1:17:45 AM
#38:


DawkinsNumber4 posted...
It's a public defender and I am more well-read than most people in general so I am more capable than your typical defendant when it comes to defense preparation.


Tax dollars being wasted on this clown.
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The_Donald
09/07/17 1:26:48 AM
#39:


Callixtus posted...
So why did you prep PA law instead of Maryland? You do know everything you wrote has no legal force in that state right?

Its basically the same bro, im more well read than you so i know what im talking about. /s
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DawkinsNumber4
09/07/17 1:32:20 AM
#40:


Callixtus posted...
So why did you prep PA law instead of Maryland? You do know everything you wrote has no legal force in that state right?



"This is PA case law but it explains quite well and is pretty much the same as Maryland's."

They have the same definitions as Maryland, and that's also true for federal law which is why you can cite that as well. Maryland's wiretap law is almost word for word the same as the federal one and the same is true for PA's. Please do not talk as if you know things you do not know
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Callixtus
09/07/17 1:35:42 AM
#41:


DawkinsNumber4 posted...
Callixtus posted...
So why did you prep PA law instead of Maryland? You do know everything you wrote has no legal force in that state right?



"This is PA case law but it explains quite well and is pretty much the same as Maryland's."

They have the same definitions as Maryland, and that's also true for federal law which is why you can cite that as well. Maryland's wiretap law is almost word for word the same as the federal one and the same is true for PA's. Please do not talk as if you know things you do not know


If your lawyer went before a judge citing the things you wrote, he would get laughed out of Court. In fact, he would probably be liable for malpractice. It doesn't matter if they are word for word the same exact laws. Basing your arguments entirely on another state's laws is insanity.
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DawkinsNumber4
09/07/17 1:39:03 AM
#42:


Callixtus posted...

Illiteracy, trolling, or just plain ignorance. The type of time wasting that warrants being ignored due to hubris getting in the way of any actual dialogue.
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Callixtus
09/07/17 1:40:10 AM
#43:


DawkinsNumber4 posted...
Callixtus posted...

Illiteracy, trolling, or just plain ignorance. The type of time wasting that warrants being ignored due to hubris getting in the way of any actual dialogue.

What do I know? I'm only studying to be a lawyer at an actual law school.
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Porneaux
09/07/17 1:42:33 AM
#44:


I kind of feel like, "I hope this isn't too confusing," sounds condescending.
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DawkinsNumber4
09/07/17 1:43:41 AM
#45:


Callixtus posted...
DawkinsNumber4 posted...
Callixtus posted...

Illiteracy, trolling, or just plain ignorance. The type of time wasting that warrants being ignored due to hubris getting in the way of any actual dialogue.

What do I know? I'm only studying to be a lawyer at an actual law school.



This isn't true, and even if it were that just means you are on a roller coaster to failure if you don't understand how case law works.
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butthole666
09/07/17 1:43:55 AM
#46:


Bro just stop
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DawkinsNumber4
09/07/17 1:46:38 AM
#47:


https://www.courtlistener.com/opinion/2301529/davis-v-state/

"No. 59, September Term, 2011.
Court of Appeals of Maryland."


"The hearing judge denied the motion, citing federal case law defining the location of an "interception" as where the mobile communication was first intercepted or redirected and where it was first heard by law enforcement officers."

"Although, in a few aspects, Maryland's wiretapping statute is more protective of *1046 individual privacy rights than Title III of the Federal Omnibus Crime and Safe Streets Act of 1968 ("Title III"), generally the Maryland statute is an "offspring" of Title III. We have read analogous provisions in our statute to be in pari materia with Title III, as interpreted by federal courts. Because the Title III and Maryland wiretap statute definitions of "interception" are verbatim, we shall adopt here the federal gloss in determining the proper jurisdiction and scope for an ex parte wiretap order. Thus, as long as the "listening post" where the law enforcement officers first hear the intercepted communications is within the geographical jurisdiction of the court issuing the order, the interception is proper under the Maryland statute. Accordingly, we conclude that the motion to suppress evidence was denied properly by the Circuit Court for Montgomery County and, therefore, affirm the judgment of the Court of Special Appeals."


http://legal-dictionary.thefreedictionary.com/in+pari+materia

"In Pari Materia
[Latin, Upon the same subject.] A designation applied to statutes or general laws that were enacted at different times but pertain to the same subject or object.
Statutes in pari materia must be interpreted in light of each other since they have a common purpose for comparable events or items."


I win.
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butthole666
09/07/17 1:47:39 AM
#48:


Nobody fucking cares


You don't win because you will never stop making your life worse over meaningless nonsense
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DawkinsNumber4
09/07/17 1:48:24 AM
#49:


butthole666 posted...


Contradicts himself by posting (caring)
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Zeeak4444
09/07/17 1:49:44 AM
#50:


Porneaux posted...
I kind of feel like, "I hope this isn't too confusing," sounds condescending.


It is. He's that way in general.
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