Wednesday, October 30, 2019

so, i got my order in the mail, and what they're telling me is that i have to do a corporate search before i can ask the cops. they also said that if i can't find the information then i can put in a second order, and they'll grant it. so, it's a question of process.

they're essentially deferring to the mfippa, here. they don't have to do that - they could have ordered the cops to hand over the information, that is, they could have overruled the act. but, the position they're taking is that i have to look for the information elsewhere, first, before they do that. so, they're deferring to the act to try to minimize their own authority here. ok. that's a reasonable judicial position - they would, otherwise, be overruling a statute, and what they're saying is that they are prepared to do that but they'd rather not do that if they don't have to.

the thing is that i was charged with harassing this person. the reason i did this was that i was concerned that doing that kind of research could open me up to charges - the cops could argue that i was snooping around online to try to figure out who she was. if you think that is a stretch, i'll remind you that i spent a night in jail for far less than that.

so, i'm going to interpret the ruling as providing me with the positive right to find information about this person, which is in truth still a step forwards. if the cops get on my ass about it, i'll point to the order.

and, if i can't find the information, i'll present a second order, as is appropriate.

it's going to cost me something like $30 to run a search, which isn't fair, but nobody ever claimed that the system was fair...