this post was submitted on 28 Jul 2025
40 points (100.0% liked)

No Stupid Questions

42629 readers
494 users here now

No such thing. Ask away!

!nostupidquestions is a community dedicated to being helpful and answering each others' questions on various topics.

The rules for posting and commenting, besides the rules defined here for lemmy.world, are as follows:

Rules (interactive)


Rule 1- All posts must be legitimate questions. All post titles must include a question.

All posts must be legitimate questions, and all post titles must include a question. Questions that are joke or trolling questions, memes, song lyrics as title, etc. are not allowed here. See Rule 6 for all exceptions.



Rule 2- Your question subject cannot be illegal or NSFW material.

Your question subject cannot be illegal or NSFW material. You will be warned first, banned second.



Rule 3- Do not seek mental, medical and professional help here.

Do not seek mental, medical and professional help here. Breaking this rule will not get you or your post removed, but it will put you at risk, and possibly in danger.



Rule 4- No self promotion or upvote-farming of any kind.

That's it.



Rule 5- No baiting or sealioning or promoting an agenda.

Questions which, instead of being of an innocuous nature, are specifically intended (based on reports and in the opinion of our crack moderation team) to bait users into ideological wars on charged political topics will be removed and the authors warned - or banned - depending on severity.



Rule 6- Regarding META posts and joke questions.

Provided it is about the community itself, you may post non-question posts using the [META] tag on your post title.

On fridays, you are allowed to post meme and troll questions, on the condition that it's in text format only, and conforms with our other rules. These posts MUST include the [NSQ Friday] tag in their title.

If you post a serious question on friday and are looking only for legitimate answers, then please include the [Serious] tag on your post. Irrelevant replies will then be removed by moderators.



Rule 7- You can't intentionally annoy, mock, or harass other members.

If you intentionally annoy, mock, harass, or discriminate against any individual member, you will be removed.

Likewise, if you are a member, sympathiser or a resemblant of a movement that is known to largely hate, mock, discriminate against, and/or want to take lives of a group of people, and you were provably vocal about your hate, then you will be banned on sight.



Rule 8- All comments should try to stay relevant to their parent content.



Rule 9- Reposts from other platforms are not allowed.

Let everyone have their own content.



Rule 10- Majority of bots aren't allowed to participate here. This includes using AI responses and summaries.



Credits

Our breathtaking icon was bestowed upon us by @Cevilia!

The greatest banner of all time: by @TheOneWithTheHair!

founded 2 years ago
MODERATORS
 

Like for example: a drug raid, or they're accusing you of illegal hacking, or some sort of TheSilkRoad type of stuff.

Assuming the original investigation find no evidence and leads to no charges, could they use the pirated content that you have as a last ditch effort to get you in prison? Not distributing, just personal use.

Not limited to any specific jurisdiction, just want to know what happens in general.

you are viewing a single comment's thread
view the rest of the comments
[–] bamboo@lemmy.blahaj.zone 17 points 5 days ago* (last edited 5 days ago) (1 children)

IANAL and not really sure if this would hold up for digital assets, but if there is a search warrant, anything in plain view is up for grabs: https://en.m.wikipedia.org/wiki/Horton_v._California. I would assume anything on the hard drive can be evidence in court if it is in plain view of the assets of the search warrant.

But also, for simply possession of pirated content, I don't think the state would charge you, but you could be open to civil litigation if the copyright holders find out somehow.

EDIT: Looked into it some more, and seems there's precedent that files of similar type on a hard drive are considered to be in plain view if they match the type of files which would be searched via a search warrant of the hard drive

In the case of United States v. Wong, police were searching the defendant's computer for evidence related to a murder when they discovered images of child pornography on the computer. Although the warrant was specific to evidence of the murder, the Ninth Circuit held that the plain view exception allowed them to seize the child pornography, as searching graphics files was valid under the warrant and the files were immediately identifiable as contraband.

https://caselaw.findlaw.com/court/us-9th-circuit/1158361.html

[–] bluGill@fedia.io 2 points 5 days ago (1 children)

If you can show the searcher should understand the orginization of your filesystem then you can argue other places are not to be searched.

only way I can see that applying is if the warrent is about sharing files - files in a non-shared location are not part of the search. I doubt this will ever happen in the real world.

[–] bamboo@lemmy.blahaj.zone 3 points 5 days ago (1 children)

I edited my post to include a case which explains the plain view exception with regard for digital files. From the sound of it, if the warrant were for like a Bitcoin wallet or some data file, then movies and images are likely out of scope, but if the search warrant were for video files, then pirated material would be in plain view of the search.

Based on this, I think it's safe to assume that if there is a search warrant for video evidence related to a crime, and you have pirated material in a folder called /media/Jellyfin/Marvel Movies, that content would be admissible. I don't think you could argue that the analyst should have understood that the only files in that directory were Marvel Movies, because if that were the case, then everyone would hide video evidence of their crimes in a Marvel Movies directory.

[–] bluGill@fedia.io 2 points 5 days ago

Though you need to evamine every file because '/usr/bin/bash' might really be an illegal video. (I'm a bsd fan so this would be useful to me if only I had something illegal to hide)