Quote:
Originally Posted by sirmaru
It happens all the time that way in America. Folks are stopped for speeding on the highway. Illegal drugs are found in their cars and they get sent to prison for 10 years.
Other folks have their PC's confiscated for a suspected tax evasion violation. Pornography is found on their hard disks and they only get prosecuted for the possession of pornography.
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This can happen in The Netherlands as well, but there are rules with regard to situations like these. I suspect that it's allowed to bust someone for driving without a license when stopped for speeding, because the fact that one doens't have a license becomes quite clear automatically. So, one tresspass (not having a license) very obviously follows on the heels of another (being stopped for speeding).
AFAIK, it's not allowed to go "ferretting" for "other crimes" if you fail to find the evidence for the crime you are investigating; like: "We can't find X anywhere, let's go see if we can find something else on the computer or in the house to bust this guy with." It's called "onrechtmatig verkregen bewijs". ("Unlawfully obtained evidence.")
However, as I said, IANAL. I don't know the finer points of all of these rules.