4 ms·
Unfortunately there is still parallel construction: https://en.wikipedia.org/wiki/Parallel_construction https://en.wikipedia.org/wiki/Parallel_construction Hon
by mark-r 7y ago
Unfortunately there is still parallel construction: https://en.wikipedia.org/wiki/Parallel_construction https://en.wikipedia.org/wiki/Parallel_construction
Honest question: can illegally obtained evidence be used to get a search warrant?
- bureaucrat 7y agoYes. If the magistrate fails to notice the illegal-ness of the evidence and gives the warrant, it is valid nonetheless.
- velosol 7y agoIf the illegal-ness later comes to light would a court consider evidence from the 'valid' warrant tainted? Always, sometimes?
- aidenn0 7y agoIANAL, but my understanding is that evidence obtained from an invalidated warrant is disallowed, unless the court finds that it was inevitable that the state would have discovered the evidence.
- bureaucrat 7y agoNope. If the government fooled the magistrate, it is disallowed. However if the magistrate has failed to decode the law correctly and issued an unlawful or unconstitutional warrant, the evidence obtained by the warrant can be used in court.
- waterheater 7y agohttps://en.wikipedia.org/wiki/Fruit_of_the_poisonous_tree https://en.wikipedia.org/wiki/Fruit_of_the_poisonous_tree In the specific case you're talking about, always.
- gamblor956 7y agoNo, if a warrant is obtained using illegal evidence, then you poison the warrant and all the evidence arising from it. Parallel construction happens way less frequently than people think it does, since it requires that there be an actual parallel path to the evidence that would have been available at the time the evidence was improperly obtained. It's basically only upheld when evidence was collected improperly through one means (i.e., a confession without Miranda disclosure), but could have been collected properly through other means available at the time of the improper collection (i.e., if the contents of the confession would have been revealed by a standard CSI search).
- taurath 7y agoI don’t think you have to be mirandized to give a confession, no?
- nkrisc 7y agoNot a lawyer nor intimately familiar with the subject, so until someone more knowledgeable chimes in and at risk of making a fool of myself: I believe it depends on context. If you're in police custody and being questioned, you need to be read your Miranda rights. If the police show up to your door and you suddenly blurt out a confession, I don't think it matters.
- gamblor956 7y agoThat's mostly correct, but it gets even more contextual: if you confess right when you greet the police, your confession is admissible. However, once the police start asking questions, they have to show they had not created a "custodial" situation in which the suspect was not free to leave (or in this case, to close the door and tell the police to fuck off). In most states, the burden is on the defendant to show that a custodial situation was created; in some states, that is presumed and the police have to show that a custodial situation was not created.
- quickthrower2 7y agoI think you would to use that in court - https://en.wikipedia.org/wiki/Miranda_v._Arizona https://en.wikipedia.org/wiki/Miranda_v._Arizona - IANAL.