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The problem with your analysis is that investigators' illegally gaining access to evidence does not in itself necessarily trigger the suppression-of-evidence re
by pdabbadabba 12y ago
The problem with your analysis is that investigators' illegally gaining access to evidence does not in itself necessarily trigger the suppression-of-evidence remedy for Fourth Amendment violations. The suppression remedy is reserved for constitutional violations. So, yes, whether or not the evidence should have been suppressed crucially depends on Ulbricht's relationship with the server and whether he had a reasonable expectation of privacy in its contents.
- goodcanadian 12y agoI wasn't claiming that he would definitely win, just that the failure to explore this issue gives a probable avenue of appeal. IANAL, of course, so I could be wrong.