The Richmond Register

Lifestyles & Community

April 20, 2013

The case of the cheesy evidence

You be the judge

BEREA — When Otto opened his delicatessen one morning, he found his hot dogs in a state of frenzy. A burglar had ransacked his store during the night, and in addition to emptying his safe, the burglar took a big bite out of one of Otto’s most expensive cheeses leaving behind a clear impression of his teeth.

Several days later, “Mouse” was picked up by the police on suspicion that he was the culprit who had burglarized Otto’s delicatessen.

During the course of his being questioned by the police, one of the detectives offered “Mouse” a cup of coffee and a piece of cheese to eat.

Not one to turn down a piece of cheese, after taking only one hefty bite, however, the remaining piece of cheese was snatched out of “Mouse’s” hands and sent to a laboratory for analysis.

When the report came back, it clearly revealed that the impression left by “Mouse’s” teeth was identical to the marks left by Otto’s burglar.

Charged with the crime of burglary, “Mouse” was indignant.

“I’ve been lumbered!” he insisted in court. “I should have been warned that my biting into the cheese could be used as evidence against me. Since I wasn’t warned, the evidence was illegally obtained and cannot be use to convict me.”

IF YOU WERE THE JUDGE, would you permit the cheesy evidence to be used against “Mouse” as having been obtained unconstitutionally?

This is how the judge ruled: NO! The judge held that “Mouse’s” bite into the cheese was basically no different than taking a person’s fingerprints or footprints which violates no Constitutional right.

(Based upon a 1954 Texas Court of Criminal Appeals Decision)

Jack Strauss, a retired New York City trial attorney who now resides in Berea, wrote a syndicated column for 36 years called, “What’s the Law?” It appeared in papers coast to coast, including the Pittsburgh Press, the Los Angeles Examiner, the Hartford Times, the Kansas City Star and the Philadelphia Daily News, among many others. It appears here with his permission.

1
Text Only
Lifestyles & Community
  • 7-29 Nostalgia-Glenmore.jpg Paper boys learned life, business lessons

    I often flash back to the days from the mid to late 1930s when I was a paper boy.
    There were 10 or 12 of us who rolled out of bed at 5 a.m. every day, jumped on our bicycles and headed downtown to the Glyndon Hotel and picked up our papers for delivery.

    July 28, 2014 1 Photo

  • Dick-Ham.jpg Here’s why teachers aren’t paid enough

    The following were included in last year’s exams and were answered by 16-year-old high school students. The answers are genuine, and we must remember that these youngsters will grow up to vote, marry and become parents. It’s a scary thought.

    July 28, 2014 1 Photo

  • 7-24 4-H Entries 1.jpg 4-H exhibits are family affair for the Houstons

    Five children from the same family were the first to bring their 4-H exhibits Wednesday to the Madison County Fairgrounds.

    July 24, 2014 5 Photos

  • 7-22 Band Camp 1.jpg Band students ‛take over’ MCHS campus

    The Madison Central High School campus has been “taken over” for two weeks by 170 students attending band camp.

    July 21, 2014 6 Photos

  • Dr-Jack-Rutherford.jpg Warning labels needed on energy drinks

    The popularity of energy drinks has soared since they entered the marketplace, but at least one consumer group wants the FDA to order warnings on product labels.

    July 18, 2014 1 Photo

  • Donna-Moberly.jpg Full Gospel ‛Back to School Bash’ is Aug. 2

    Hello everyone.
    I guess everyone is asking, “How much rain did we get?”

    July 17, 2014 1 Photo

  • Katie-Rollins.jpg Thank the Lord for the rain

    Hello readers, it’s a stormy Monday evening as I write this, and I’ve been thanking the Lord all day for the good rain – over an inch in the gauge now, and it looks like more before morning.

    July 17, 2014 1 Photo

  • Paula-Jones-c.jpg Rain has helped lawns, gardens

    Hello from Baldwin.
    How is everyone’s week going? I hope everyone is having a great one.

    July 17, 2014 1 Photo

  • Can you believe such cool weather in mid July?

    Hi!
    Refreshing. That’s the word one TV weatherman described the upcoming days when temperatures will be in the 70s with virtually no humidity and lots of sunshine. Can you believe that in the middle of July? We can live with that, can’t we? We may even get close to setting a record for morning lows later this week. This has certainly been the year for strange weather!
     

    July 17, 2014

  • Tim-Jones.jpg Union City Baptist VBS July 20-25

    Union City Baptist Church will have vacation Bible school July 20-25, 6 to 9 p.m., with classes from age 3 through high school. The theme is “Agency D3 Needs You.” Contact Brenda Parke, or call the church at 623-2845 for more information.

    July 17, 2014 1 Photo

AP Video
Raw: 2 Shells Hit Fuel Tank at Gaza Power Plant Raw: Massive Explosions From Airstrikes in Gaza Giant Ketchup Bottle Water Tower Up for Sale Easier Nuclear Construction Promises Fall Short Kerry: Humanitarian Cease-fire Efforts Continue Raw: Corruption Trial Begins for Former Va Gov. The Carbon Trap: US Exports Global Warming UN Security Council Calls for Gaza Cease-fire Traditional African Dishes Teach Healthy Eating 13 Struck by Lightning on Calif. Beach Baseball Hall of Famers Inducted Israel, Hamas Trade Fire Despite Truce in Gaza Italy's Nibali Set to Win First Tour De France Raw: Shipwrecked Concordia Completes Last Voyage Raw: Sea Turtle Hatchlings Emerge From Nest Raw: Massive Dust Storm Covers Phoenix 12-hour Cease-fire in Gaza Fighting Begins Raw: Bolivian Dancers Attempt to Break Record Raw: Israel, Palestine Supporters Rally in US Raw: Air Algerie Flight 5017 Wreckage
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Poll

Should Madison County’s three local governing bodies ban smoking in indoor public places?

Yes
No
     View Results