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Likewise, if a cable installer or plumber paid by the police enters your home, could they legally search it? Obviously not. But there's still confusion in the
by randcraw 10y ago
Likewise, if a cable installer or plumber paid by the police enters your home, could they legally search it? Obviously not.
But there's still confusion in the courts about the difference between physical and virtual property and the peoples' rights to escape search (using radar through walls or taps on data feeds). This malign overreach of prosecutors relies on that.
But I think this practice clearly crosses the line since the property is physically in the hands of an untrusted party. It'd be trivial for Joe Schmo at Best Buy to plant evidence. Because that possibility is so plausible, this chain of evidence has been compromised. Any appeals court would toss this practice as unlawful, IMHO.
- funkymike 10y agoIt goes even farther than Joe Schmo at Best Buy not being trusted. They are being paid to find "evidence." That direct conflict of interest should invalidate anything they find.
- gozur88 10y agoThe chain of evidence thing really only applies if the government intends to present that evidence in court. Whether or not this constitutes an unlawful search is a separate question.