Timeline for Can law enforcement dig up endangered plants to recover evidence of a crime?
Current License: CC BY-SA 4.0
12 events
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Mar 8, 2021 at 20:34 | comment | added | David Siegel | @Tyler I don't know of one,. and I very much doubt that there is one. | |
Mar 8, 2021 at 19:03 | comment | added | Blue Herring | Now I'm curious: Are there any countries in the world where the meme would be correct? | |
Mar 8, 2021 at 18:58 | history | edited | user35069 | CC BY-SA 4.0 |
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Feb 7, 2021 at 1:22 | vote | accept | moonman239 | ||
Feb 7, 2021 at 1:24 | |||||
Feb 5, 2021 at 15:13 | comment | added | David Siegel | @nick012000 There is no definition of "malicious" in ther act, so it should have its ordinary meaning. That would be more than "knowingly" and would imply "bad intent". I have not found caselaw on the point, but it is absurd that a criminal could secure total protection of evidence inn this way, and absent a very explicit direction in the law, I very much doubt that a court would so rule. | |
Feb 5, 2021 at 8:25 | comment | added | nick012000 | @DavidSeigel "Digging up a member (or members) of an endangered plant species during a legitimate criminal investigation as part of a focuses search for evidence would not be to "maliciously damage or destroy" them"" What is the definition of "malicious", here? If it is "digging up an endangered plant despite knowing that it's endangered", it's entirely possible that a police officer digging one up during a legitimate police investigation might be malicious. | |
Feb 5, 2021 at 5:32 | comment | added | val - disappointed in SE | @user253751 And now you're also charged with messing with endangered plant as a bonus | |
Feb 5, 2021 at 5:18 | comment | added | Criticizing Israel not allowed | And anyway how do you bury something underneath a plant? Dig up the plant, bury the thing and put the plant back in the hole? What about the roots? Couldn't the police just pick up the now-disconnected-from-the-surrounding-area plant? | |
Feb 5, 2021 at 3:24 | comment | added | user64742 | I think it is also worth noting that in many cases it might be incredibly simple and feasible to simply move the plant, so even if killing the plant or damaging it were illegal simply moving a plant a few feet over to make room for an excavation shouldn’t even be something that that law applies to. I imagine similarly that if one were constructing something that simply relocating a plant a reasonable distance would not violate the law. I think it’s worth mentioning since moving a plant is certainly less debatable as whether it is “malicious” than outright killing a plant. | |
Feb 4, 2021 at 22:27 | comment | added | gnasher729 | Police will now hire botanists who can point them to protected plants - that's where the bodies lie :-) | |
Feb 4, 2021 at 19:57 | history | edited | David Siegel | CC BY-SA 4.0 |
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Feb 4, 2021 at 19:47 | history | answered | David Siegel | CC BY-SA 4.0 |