3 ms·
(IAAL, this is not legal advice, consult your own attorney) If you destroy evidence, that’s your own fault. You can’t blame law enforcement for inducing you to
by otterley 2mo ago
(IAAL, this is not legal advice, consult your own attorney)
If you destroy evidence, that’s your own fault. You can’t blame law enforcement for inducing you to commit crimes they didn’t ask you to commit. That’s just silly and no court will entertain that theory.
To protect your rights under the 4th Amendment, you refuse the search. If law enforcement conducts the search anyway and a court finds the search was unlawful, the court will exclude the evidence found in the search from consideration in the trial along with any evidence that flows from that. Neither the jury nor the court will be able to use it.
- dcow 2mo agoHave you heard of entrapment?
- KingMob 2mo agoIANAL, but I've heard that entrapment defenses are way harder to use, and much rarer, in reality than on TV. First, you frequently require a judge's permission to even argue it. But the real burden is showing that your client would not have committed the crime without the effect of the police. A cop posing as a drug dealer and offering you drugs as you pass them in the park every day doesn't count; a cop hounding you for months to commit wire fraud because they mistakenly believe you're in a criminal org might, though.
- otterley 2mo agoYes. That’s why I added the predicate “crimes they didn’t ask you to commit.”
- krispyfi 2mo agoYou are describing the world as it exists, while I'm saying that we should have a better one.