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Cops are basically saying that they can do illegal things, and then actively conceal them during the discovery process so that defendants cannot challenge the i
by downandout 12y ago
Cops are basically saying that they can do illegal things, and then actively conceal them during the discovery process so that defendants cannot challenge the illegal conduct in court. This kind of thing isn't going to stop. Everyone should assume that any unencrypted cell phone calls and texts can and will be examined by law enforcement. Act accordingly.
That said, defense attorneys really need to be on the lookout for cases like this, where only vague references to confidential sources of information are disclosed. If they know the tell-tale signs, they can ask the judge to issue orders during discovery that will put the prosecutor in the position of either being held in contempt of court or disclosing to the defense the specific illegal tactics the police used.
- draugadrotten 12y ago> Everyone should assume that any unencrypted cell phone calls and texts can and will be examined by law enforcement. Act accordingly. Duh. It is a good thing that law enforcement can examine texts and phone calls, unencrypted and encrypted. However, it is unacceptable that doing so is hidden to the courts.
- moomin 12y agoActually, no, not without probable cause. It appears that in some of these cases that the probable cause was "because we bugged his phone".