Can BL be used against you in court?

K

Krandle

Bluelighter
Joined
Dec 7, 2001
Messages
601
Location
boston, ma
Just curious. If I were arrested for any sort of drug charges, had my computer confiscated and my BL name determined, could my posts on BL be used against me?
Let's say that I frequently posted information gained through my use of the drug and posted about my experiences as well. Could the fact that I've admitted to doing the drug, (via my posts), be used against me?
I know this is a stretch but, hypothetically, could those posts be used against me?
 
Only if you were using bluelight to facilitate the sale or transport of illegal substances. Otherwise it's inadmissable hearsay.
 
Dr. Gonzo-
Are you sure about that? E-mails may certainly be subpoenaed and used against you, so why couldn't messages on a chat board? It's not heresay if you posted it yourself, right?
 
Surely you would only have drug charges against you if you were caught with drugs or with chemicals/plants that could imply the manufacture or distribution of drugs. If that is the case then your chances of getting off aren't that great in the first place.
Drug taking is not illegal in the UK or the US and i doubt that a post on a message board describing or asking about them would stand up as evidence in court.
Maybe i've missed the point, can you give a specific scenario to illustrate your question?
 
I'm not gonna get into a long discussion of heresay, it's pretty complex. The legal definition of heresay is "Any extra-judicial statement(that means statement made out of court) offered to prove the truth of the matter contained". So, yes I'm sure postings to a message board are indeed heresay, even if you post them yourself. There are several exceptions to the exclusion rule for heresay evidence, but it's a very long disscussion.
The only exceptions to the heresay rule applicable to the senario stated above would be if he was using the board to transport or manufacture drugs. Then they would be admissable as a statement against penal interest. Because heresay is inherently unreliable evidence the exception would be out weighed as being overly predjudical in the case of a mere possession or under the influence charge.
 
I see what you mean. How about this - posts on a message board couldn't be used to establish facts, however, if a suspect claims something in court, and that is contradicted by a post he/she on a message board, could that post be used to undermine the credibility of the witness?
It seems that the definition of hearsay you stated could be used to excluded letters and other coorespondence that are routinely included in court room evidence. Please explain, as you're the expert. Thanks.
 
Heresay evidence can be used for impeachment purposes, IE: to contradict a statement made by the accused in court.
Letters and correspondence are indeed heresay, but they can be admitted under one of the exceptions to the heresay rule provided that their probative value is not outweighed by their predjudicial effect, and that some objective facts or circumstances exist that tend to establish the authenticity of the documents.
All the exceptions to the heresay rule would take hours to adequately explain, they take up about half of your average crimminal procedure course. Hope this helps you understand a little more.
 
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