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Is it not considered evidence acquired illegally and unusable in court? Considering most people think that most of this information does not qualify as probable
by devcpp 13y ago
Is 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.