3 ms·
I think one of the main distinctions that people fail to make in this discussion is that in these cases, the evidence of the warrantless search was entered agai
by ChrisBland 12y ago
I think one of the main distinctions that people fail to make in this discussion is that in these cases, the evidence of the warrantless search was entered against them in a court of law. They needed a warrant to view the phone data and then to use that as evidence against you, in this case they said the search was illegal so all fruit of the poisonous tree could not be introduced at trial. While I disagree with what the nsa is doing, they are not using the evidence obtained illegally against you, granted you do have the right to be free of unreasonable searches and seizures, which was one of the main complaints back in colonial days wrt general writs, which is why that language is there. They are two different things, one is the right be to free of unreasonable searches (nsa), and another related to the use of evidence you had on you at time of arrest being searched as part of you being taken in to custody.
- Terr_ 12y ago> While I disagree with what the nsa is doing, they are not using the evidence obtained illegally against you Except they did, by passing it to other agencies and then falsifying their chain of investigation through "parallel construction".