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More like, withholding evidence! Think about it. That metadata could very plausibly confirm or deny alibis (or at least help confirm/deny maybe).
by drivebyacct2 13y ago
More like, withholding evidence! Think about it. That metadata could very plausibly confirm or deny alibis (or at least help confirm/deny maybe).
- devcpp 13y agoIs it not considered evidence acquired illegally and unusable in court? Considering most people think that most of this information does not qualify as probable cause per the Fourth Amendment...
- pyre 13y agoMy understanding is that such evidence is only thrown out of court when challenged by opposing counsel. For example, a prosecutor puts forth some evidence, then the defence lawyer objects, and the judge rules on if it is admissible. If the defence doesn't object...
- mayneack 13y agoThat requires admission of illegality
- drivebyacct2 13y agoI don't know why but this put this all in a whole extra sharp perspective for me.
- nknighthb 13y agoThe exclusionary rule is there to protect the defendant, and the defendant can ignore/waive its application. Even if it could be applied without regard to whether the defendant objected, it has been gutted in recent decades by our radical right-wing Supreme Court, who think illegally-obtained evidence is just dandy so long as excluding it from court proceedings wouldn't actually change the government's behavior in collecting it.
- HelpfulBot 13y agoThe phrase "confirm or deny" is used when someone knows the truth of a matter but might be inclined to lie about it (deny it). In the case of data that might indicate the truth of an allegation, the phrase you are looking for is "prove or disprove" or perhaps "validate or invalidate" or "support or discredit". Data itself cannot "deny" anything.
- drivebyacct2 13y agoHow is disprove any less strong than deny? If anything, it would be affirm or negate an alibi.
- willvarfar 13y agoHe was just correcting your terminology. Legal English isn't English.
- drivebyacct2 13y agoIn legal terminology to "prove" something doesn't "indicate the truth" about something? sorry, maybe I'm confused, I guess I don't know legal lingo or am misunderstanding.
- willvarfar 13y agoIts just your precise wording, not the gist of your comment. Data cannot 'deny' something. Ask your coffee cup what the weather is and all you get back is silence :)