3 ms·
Even if it is illegal for them to use it, the courts have ruled that law enforcement can use illegal tools during investigations, and then lie about it in court
by hedora 3y ago
Even if it is illegal for them to use it, the courts have ruled that law enforcement can use illegal tools during investigations, and then lie about it in court without compromising their case.
The legal term for this is “parallel construction”.
Even if the courts threw out cases that were built this way, it is hard to detect, and most cases don’t go to court.
Even if prosecutors behaved ethically, and didn’t pursue such cases, there are well-documented problems with organized crime infiltrating police departments, and then being difficult to bring to justice (e.g. LA’s deputy gangs have had control of a chunk of the LAPD for over 50 years).
The best solution is to ban the collection of the data in the first place.
- JumpCrisscross 3y ago> courts have ruled that law enforcement can use illegal tools during investigations, and then lie about it in court No, they haven’t. Parallel construction is lying to the court about how you got your evidence. It’s never been court sanctioned to my knowledge.
- hedora 3y agoFrom: https://en.m.wikipedia.org/wiki/Parallel_construction https://en.m.wikipedia.org/wiki/Parallel_construction In the US, a particular form is evidence laundering, where one police officer obtains evidence via means that are in violation of the Fourth Amendment's protection against unreasonable searches and seizures, and then passes it on to another officer, who builds on it and gets it accepted by the court under the good-faith exception as applied to the second officer.[2] This practice gained support after the Supreme Court's 2009 Herring v. United States decision.[2]