4 ms·
I believe that the point of the theft charge was to get a search warrant, which they did. Regardless of if he “walks” on the theft charge it seems unlikely tha
by yaur 7y ago
I believe that the point of the theft charge was to get a search warrant, which they did.
Regardless of if he “walks” on the theft charge it seems unlikely that the evidence they gathered when serving that warrant will be thrown out.
- huffmsa 7y agoIt should be, but legal precedent is a bit of a mixed bag on the admissibility of evidence collected during the execution of an invalid warrant. If a judge finds that it's not the polics'd fault that the warrant was invalid, they can use it. If it was there fault, it's probably inadmissible.
- lotsofpulp 7y agoHow convenient for the justice system to have a built in plausible deniability. A few winks and nods when asking for the warrant and all is admissible.
- bluGill 7y agoI've always thought that all evidence is admissible. However without a proper warrant the officer collecting evidence is guilty of a felony more sever than the crime he is investigating. The only flaw I see is how to get the state to prosecute officers of this crime...
- hanniabu 7y agoIf they obtained these evidence illegally then it shouldn't be admissible in court.
- huffmsa 7y agoU.S. v. Leon (1984) disagrees with you. Added a "good faith" exception to the 4th amendment. Meaning that, if the police were acting on a warrant they believe they obtained correctly, the evidence they collected usually is admissible. In this case, both they and the judge thought disabling an unknown tracking device was probable cause to search for the device. During that search, the police found drugs and drug paraphernalia.