4 ms·

You can't use illegal surveillance in court, but you can show it to the judge who issues the search warrant ( or however you call it ) In exchange, the police

You can't use illegal surveillance in court, but you can show it to the judge who issues the search warrant ( or however you call it ) In exchange, the police staff, their corporate friends and their political masters can know what you are doing in the restroom when you take a roll of toilet paper with you, or when you negotiate a business agreement in a bar.

jaywalk 5y ago
A judge cannot issue a search warrant based on illegal surveillance. I'm not sure where you got that idea. What actually ends up happening is called "parallel construction" where the evidence collected illegally is passed on to another party who "legally" builds it up to be accepted by the court.
- catlikesshrimp 5y ago
  In the US a judge needs to provide much less to the public, "probable cause". My tinfoil/ CSI tv experience/ common sense tells me you can show a fellow human being something naughty, like illegal sting results, in private if you exert good judgement before, during and after the meeting. Edit: Where I live, search warrants aren't required by the police. Which is a good thing (for regular people) provided the inaccessibility and corruption of the judicial power.
  - jaywalk 5y ago
    The legal bar for probable cause in the US is higher than almost anywhere else in the world. If you're saying that cops and judges collaborate to get search warrants based on evidence they both know was obtained illegally... sure? It probably does happen on occasion, but I doubt it happens nearly as much as you seem to think it does.
    - 1cvmask 5y ago
      There is no bar for FISA courts which is essentially a rubber stamp court: FISC meets in secret, and approves or denies requests for search warrants. Only the number of warrants applied for, issued and denied, is reported. In 1980 (the first full year after its inception), it approved 322 warrants.[27] This number has steadily grown to 2,224 warrants in 2006.[28] In the period 1979–2006, a total of 22,990 applications for warrants were made to the Court of which 22,985 were approved (sometimes with modifications; or with the splitting up, or combining, of warrants for legal purposes), and only 5 were definitively rejected. https://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act https://en.wikipedia.org/wiki/Foreign_Intelligence_Surveilla... - As for probable cause they just sidestep such niceties all the time using many many tricks including buying data from your carriers and credit card providers. https://www.cato.org/policy-analysis/stingray-new-frontier-police-surveillance https://www.cato.org/policy-analysis/stingray-new-frontier-p...
      - jaywalk 5y ago
        FISA courts are 100% unconstitutional BS that needs to be abolished.
- GekkePrutser 5y ago
  Yeah I also heard some rumours of a lot of 'anonymous tips' coming from such sources. It can't be proven of course, which is why it's pretty smart of them to do it that way, if they do so.

jaywalk 5y ago

A judge cannot issue a search warrant based on illegal surveillance. I'm not sure where you got that idea. What actually ends up happening is called "parallel construction" where the evidence collected illegally is passed on to another party who "legally" builds it up to be accepted by the court.

catlikesshrimp 5y ago
In the US a judge needs to provide much less to the public, "probable cause". My tinfoil/ CSI tv experience/ common sense tells me you can show a fellow human being something naughty, like illegal sting results, in private if you exert good judgement before, during and after the meeting. Edit: Where I live, search warrants aren't required by the police. Which is a good thing (for regular people) provided the inaccessibility and corruption of the judicial power.
- jaywalk 5y ago
  The legal bar for probable cause in the US is higher than almost anywhere else in the world. If you're saying that cops and judges collaborate to get search warrants based on evidence they both know was obtained illegally... sure? It probably does happen on occasion, but I doubt it happens nearly as much as you seem to think it does.
  - 1cvmask 5y ago
    There is no bar for FISA courts which is essentially a rubber stamp court: FISC meets in secret, and approves or denies requests for search warrants. Only the number of warrants applied for, issued and denied, is reported. In 1980 (the first full year after its inception), it approved 322 warrants.[27] This number has steadily grown to 2,224 warrants in 2006.[28] In the period 1979–2006, a total of 22,990 applications for warrants were made to the Court of which 22,985 were approved (sometimes with modifications; or with the splitting up, or combining, of warrants for legal purposes), and only 5 were definitively rejected. https://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act https://en.wikipedia.org/wiki/Foreign_Intelligence_Surveilla... - As for probable cause they just sidestep such niceties all the time using many many tricks including buying data from your carriers and credit card providers. https://www.cato.org/policy-analysis/stingray-new-frontier-police-surveillance https://www.cato.org/policy-analysis/stingray-new-frontier-p...
    - jaywalk 5y ago
      FISA courts are 100% unconstitutional BS that needs to be abolished.
GekkePrutser 5y ago
Yeah I also heard some rumours of a lot of 'anonymous tips' coming from such sources. It can't be proven of course, which is why it's pretty smart of them to do it that way, if they do so.