3 ms·
What I mean specifically is that because the police saw illegally obtained evidence, all evidence collected afterward after that point should be considered frui
by rangestransform 2y ago
What I mean specifically is that because the police saw illegally obtained evidence, all evidence collected afterward after that point should be considered fruit of the poisoned tree and inadmissible
- ndileas 2y agoI think reasonable people can disagree on this. Fruit of the poisoned tree doctrines eliminate bad incentives for law enforcement to commit crimes in their investigations. But when doctrines such as this cause the guilty to go free, it erodes public confidence in the rule of law. Like many things, its a tradeoff - and the legal system is a process of discovery and adaptation, not some simplistic set of unchangeable rules. Justice for one must always be upheld. I think this ruling is pretty good at threading the line here.
- rangestransform 2y agoThe public are generally closeted authoritarians (see: pandemic, 9/11), and their opinions on fair trials, evidentiary rules, surveillance, and constitutional freedoms should not be regarded
- TZubiri 2y agoAh I see. IANAL. But the argument for the right to search was twofold, one was considered unconstitutional the other wasn't. If I search you based on probable cause and fear of destruction of evidence, and the judge rules one was valid and the other not, is the evidence inadmissible? To me it's clearly an if OR search not an if AND search. Otherwise you disincentivize multiple justifications to do something.