3 ms·

The judge doesn't care if the law was violated in collecting evidence.

dylan604 4mo ago
Maybe this particular judge didn't for whatever reasoning, but judges definitely prevent a prosecutor from introducing evidence based on how it was collected. This is why concepts like "fruit of poisonous tree" and "parallel construction" exist.
- harimau777 4mo ago
  Doesn't parallel construcction mean that judges actually don't care how evidence was collected? They can't possibly care that much if they are fine with a fig leaf like parallel construction.
  - sidewndr46 4mo ago
    Parallel construction means the judge doesn't know.
    - NoGravitas 4mo ago
      Or can at least plausibly pretend not to.
      - sidewndr46 4mo ago
        I guess that is true, although you'd be hard pressed to prove that. I don't think any court would hear a complaint about a lower court or adjacent court having participated willingly in parallel construction.
  - Spooky23 4mo ago
    No. Parallel construction means they have an illegal bugging device in the courthouse bathroom, and use a conversation that you have with your attorney to identify a witness. Then they independently arrest the witness for something and pressure them to testify.
  - superxpro12 4mo ago
    Basically... yeah. It's using illegally obtained evidence (like an NSA wiretap) to point the detectives in the right direction they would have otherwise never probabilistic-ly searched.
qingcharles 4mo ago
I had a judge once tell me that the police absolutely have the right to commit crimes to gather evidence in an investigation. (mostly true -- for instance an officer can generally commit innumerable felonies as long as nothing they do violates your personal constitutional rights -- rarely is evidence thrown out because it was obtained in violation of a statute unless that statute includes a provision for exclusion, e.g. wiretapping laws)
- sidewndr46 4mo ago
  The individual who would prosecute them also needs to work with them to prosecute civilians. So pretty much, so long as it isn't murder.
  - qingcharles 4mo ago
    Exactly this.
- igjjigjk 4mo ago
  [dead]

Maybe this particular judge didn't for whatever reasoning, but judges definitely prevent a prosecutor from introducing evidence based on how it was collected. This is why concepts like "fruit of poisonous tree" and "parallel construction" exist.

harimau777 4mo ago
Doesn't parallel construcction mean that judges actually don't care how evidence was collected? They can't possibly care that much if they are fine with a fig leaf like parallel construction.
- sidewndr46 4mo ago
  Parallel construction means the judge doesn't know.
  - NoGravitas 4mo ago
    Or can at least plausibly pretend not to.
    - sidewndr46 4mo ago
      I guess that is true, although you'd be hard pressed to prove that. I don't think any court would hear a complaint about a lower court or adjacent court having participated willingly in parallel construction.
- Spooky23 4mo ago
  No. Parallel construction means they have an illegal bugging device in the courthouse bathroom, and use a conversation that you have with your attorney to identify a witness. Then they independently arrest the witness for something and pressure them to testify.
- superxpro12 4mo ago
  Basically... yeah. It's using illegally obtained evidence (like an NSA wiretap) to point the detectives in the right direction they would have otherwise never probabilistic-ly searched.

qingcharles 4mo ago

I had a judge once tell me that the police absolutely have the right to commit crimes to gather evidence in an investigation. (mostly true -- for instance an officer can generally commit innumerable felonies as long as nothing they do violates your personal constitutional rights -- rarely is evidence thrown out because it was obtained in violation of a statute unless that statute includes a provision for exclusion, e.g. wiretapping laws)

sidewndr46 4mo ago
The individual who would prosecute them also needs to work with them to prosecute civilians. So pretty much, so long as it isn't murder.
- qingcharles 4mo ago
  Exactly this.
igjjigjk 4mo ago
[dead]