6 ms·
That's parallel construction.
by ThrowawayTestr 2y ago
That's parallel construction.
- deleted 2y ago[deleted]
- duxup 2y agoVs just "investigation"?
- Spivak 2y agoIt's only parallel construction if the original means of determining the suspect was unconstitutional.
- wbl 2y agoNo it's not. Parallel construction is when you hear Joe has coke in his car, and choose to follow Joe, pull him over when he speeds, and develop PC for a search from that. The grounds for the search of the car are independent. Here the AI has primed them to falsely recognize the guy. There's no independence the way there is with parallel construction.
- SpicyLemonZest 2y agoI don’t think this priming theory is workable. If some witness on the street gives the police a handful of names, and they discover she didn’t actually witness the crime, are they now prohibited from investigating those people because they’re “primed”?
- wbl 2y agoFacial identification is particularly difficult to do right. If you lean on people at all they will pick the closest match rather than admit they don't know. Not from dishonesty, it's just that we're not that good at recognizing strangers.
- gamblor956 2y agoYour example is not parallel construction either. If you hear that Joe has coke in his car you already have probable cause to search Joe's car. You don't need to wait until he speeds, since speeding wouldn't give you a reason to search his vehicle. Parallel construction would be: you pulled Joe over for [whatever reason] and searched his car without probable cause (maybe he seemed shifty or he was being a dick) and found coke, so you subsequently went to an informant who told you that he witnessed Joe selling coke out of his car earlier on the day of the search (which would have given you probable cause to search his car if you had talked to the informant before pulling Joe over). The basis of parallel construction is that a real investigation would have uncovered the evidence anyway. What many people don't get is that law enforcement actually has to do the legwork of a real investigation (but knowing what to look for, and where, etc.) to show that the excluded evidence should be made admissible. It's a remedy for law enforcement to cure procedural violations of due process under the Fourth Amendment.
- wbl 2y agoI understood it to come in when the police don't want to admit intelligence from foreign sources in drug cases also.
- gamblor956 2y agoYes that's one of the common situations where parallel construction is required. But it still requires the police to do the parallel investigation so that they can establish that they could have come across that evidence in an admissible manner.