dovecanyoncat wrote:CatFanOneMil wrote:dovecanyoncat wrote:CatFanOneMil wrote:I've said it before, my daughter a DA writes wiretaps, they must be renewed every 10 days before a judge because believe it or not the USA legal system still has laws in place to protect our privacy...
Everytime they come before a judge evidence must be presented to convince a judge to invade another persons privacy and continue the tap...in other words there must be a continuous flow of evidence or a judge does not renew it.
Once the wiretap is removed the prosecutors (including the FBI) have at MAXIMUM 30 days to inform ALL people who were on the wiretap, failure to inform vacates the evidence.
Sean Miller has known he was on a wiretap, if indeed he was since the day the FBI went public with the case...at that point they are submitting evidence to bring a case and the wiretap has been removed.
For Miller to suggest he will be vindicated when he LEGALLY has known if he was on a wiretap means he either has the biggest baddest balls in America or he knows he did nothing incriminating.
Pick one or both I don't care.
Sorry if I'm a bonehead and missing something, so walk me through this. Don't we need to know the date the wiretap was removed, to which we add 30 days, in order to know the earliest possible date when Miller would have known he was being tapped? How does that square up with the timeline?
By law if his conversation is being submitted as evidence AND he is being investigated he must be informed 10 days prior to the submitting of said evidence...kinda the "no surprise" rule for defendants...
If he is NOT being investigated then he does not know what the tapes are since they are sealed, but Miller would know what he said and would know if he incriminated himself.
NO ONE but the defendants and the FBI know what is on those tapes...if you are not being charged you have no way of knowing what was recorded only that YOU were recorded, this is federal law regarding ALL wiretaps...they must be sealed and all parties informed.
The timeline submitted by Dawkins is broken we know that much so whatever has been leaked from his team is inaccurate...
My point is that the day they broke the story Miller was probably informed that he has been recorded on a wiretap...that is the most logical reason the FBI went to his house the morning the story broke...
Miller as far as we can tell did not lawyer up that day...meaning in my opinion he knows he did nothing wrong.
IF (big if at this point) he talked to Dawkins at all about paying for Ayton, that alone is not conspiracy there needs to be a "next step" ie: getting bank info or giving bank info...just talking about doing something is not enough for conspiracy there must be a second active step showing you will act on it.
That second step never took place or Miller would have been indicted already, as it stands he has said and the University has repeated that he is NOT under investigation.
He would have known ALL of this the day the FBI broke the story (or if he was being charged at least 10 days before)
Thank you. So Miller had to have been notified 10 days prior to release
if he was subject to/of a tap but he would have had no notion when the tap had begun? And his only account of the wiretap data is his own recollection of his own utterance within an undefined time period to a specified counterparty? Have I got that right?
But, if he isn't the object of investigation he has even less context to rely on in proclaiming his innocence/lack of culpability to the U of A?
I don't mean to be a dick, it's just that so much shit is illdefined right now and you have very a concise understanding of the legal levers at work.
Ok, I'll try to clear it up:
Federal Wiretap Act makes recording of other parties illegal without consent, big trouble if you record or even repeat recorded info that was illegally collected...
The exclusions to these rules come in the form of Law Enforcement using wiretaps...by law BEFORE they can get permission to record someones phone they must FIRST exhaust all other known avenues of evidence collection and provide PROOF that they are out of options AND that they have evidence that crimes are being committed AND the evidence they collect will prove it...
IF a judge agrees to grant a wiretap they have a set amount of time to use it (state DA only get 10 days, Feds might get more but must provide proof it will require more)...at the end of that time they must either immediately remove the wiretap or renew it before a judge providing proof that they need more time and it is working.
They must provide the names of the individuals/businesses/locations and duration of the wiretaps.
Once the taps are removed (depending on the nature of the crime) they have 30 days to inform all parties involved that they were recorded on a Federal Wiretap (or state depending on the agency)...some cases it can be as long as 90 days...but I think the current law says 30.
Next the evidence is collected and sealed according to the rules of the Wiretap Act, in this case the acting federal judge would seal the evidence (think about it, this prevents rogue agents from manipulating recordings etc)...
Once the Prosecutors decide to submit evidence and press charges they must inform ALL parties being charged 10 days PRIOR to those charges being submitted, this is to inform defendants that they have been recorded and the evidence of those recordings is incriminating, at this point the defendants do not have access to the evidence just the fact that they are on a recorded call and their phone was tapped...at this point the tap is generally already removed.
Here's the point regarding Miller and a wiretap:
He has by law been informed if he talked to Dawkins on a wiretapped line and was recorded.
If he is being charged based on that wiretap he will by law will know this 10 days before the charges are actually filed.
He will not know the content of the wiretaps UNLESS he is charged and then the Feds by law have to hand over the sealed recordings.
Any sealed recording are against the law to disclose to anyone not being charged, or not prosecuting.
The very latest Miller would have known if he was included on the wiretap (and not being charged) would have been 30 days after the FBI arrested Book and Dawkins, that is the day the evidence was entered into court, the clock starts then...my best guess is he was told the day of, it's not like they just visited him for coffee and to talk about Pac 12 hoops.
As far as how long the wiretap existed and how many conversations he was involved with, only Miller would know that if he is not being charged, it is a long pile of evidence that was submitted to the court...it is sealed, even from him...up until he is charged.
So far he has not been charged, so he has no idea how long or whats in the recordings, other than his own memory...
The fact that he has not been charged with conspiracy tells me he might have possibly talked to Dawkins but nothing ever came of it...and unless he is charged nothing ever will because that evidence is sealed and not even the NCAA (a private organisation) will get to hear those tapes.
Of course someone involved with the case might make a motion to unseal the tapes, but that is highly unlikely to happen, wiretaps are immensely hard to get, even harder to keep and often involve secret handshake shit the FBI does not want out in the wild...the Prosecutors will never agree to unsealing those records.