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The thing is the enforcement mechanism against unreasonable search is the state loses at court. If the state never brings a case they have more freedom. This is
by thrownaway2424 13y ago
The thing is the enforcement mechanism against unreasonable search is the state loses at court. If the state never brings a case they have more freedom. This is also the reason why the police need not advise you of your rights before interrogating you if they don't plan to charge you.
If the feds bring unrelated cases based on these seizures I'm sure the admissibility of the evidence will be the main thing being argued in court.
- nitrogen 13y agoIt's just as likely that the questionably sourced information will be used to guide a parallel construction case.
- thrownaway2424 13y agoGreat, so you've read a blog and you learned a word. Good for you. There's still no civil opportunity to challenge government behavior in a vacuum. Article III Section 2 requires a "case or controversy."
- jessaustin 13y agoYou're trying to have it both ways. Maybe we shouldn't worry about parallel construction because it's harmless and would never send any of us to prison, and maybe we shouldn't worry about it because there's nothing we can do to stop a determined governmental bad actor, but you can't claim both, clearly contradictory, propositions in the same thread.