ProTip: If you plan on breaking the law in the exact same way as one of your favorite rap lyrics describes (or any rap lyric that you are aware of; it doesn’t have to be a favorite), just don’t. And definitely don’t post the lyric to your Facebook page unless you want it to be used against you at your criminal trial.
The case of Larry Recio may warrant a few chuckles in the same way as an America’s Funniest Home Videos crotch shots montage.
During the trial, not only did the prosecution introduce the evidence of the officer’s testimony witnessing the gun being tossed, but also an audio recording of the officers’ radio conversation which corroborated that version of events. However, in addition to the corroborated testimony, a rap lyric that Recio had quote (or misquoted) on Facebook after being indicted, was introduced as evidence against him. The lyric read: “It’s Always Tucked, Kuz I’ll B Damn If My Life Get Took!!” The prosecution pushed the explanation that Recio frequently carried a firearm tucked into his waistline, and did so to protect his life.
And while Recio pulled out all the stops arguing that the lyric was nothing more than something he liked from rap music, the court found too much similarity between the lyric and crime alleged to believe it was a mere innocent quoting of a rap lyric. The court noted that when a lyric is so close to the alleged crime, it can easily be viewed as an admission (either direct or adoptive).
Related Resources:
- United States Fourth Circuit Cases (FindLaw’s Cases & Codes)
- ‘Peace Cross’ Conflict Continues (FindLaw’s U.S. Fourth Circuit Blog)
- Court: Manufacturer Not Liable for WaveRunner Injury (FindLaw’s U.S. Fourth Circuit Blog)
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