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If they had seen him shooting cans when walking by on the street, and then gotten a warrant to search his house, this would've been totally legit. Which is goi
by ynniv 12y ago
If they had seen him shooting cans when walking by on the street, and then gotten a warrant to search his house, this would've been totally legit.
Which is going to increasingly be a problem. This whole thing could have been whitewashed by having someone "walk by" the house after seeing the warrantless surveillance (a la the NSA to DEA "tips"). I'm not sure what the answer should be, but the police can easily circumvent this ruling in the future.
- gr3yh47 12y agoahh yes, good old 'evidence laundering'
- alexqgb 12y agoThe term of art is "parallel reconstruction." In presenting law enforcement with ill-gotten information, the intelligence service also provides a plausible account of how law enforcement could have gotten the information in another Constitutionally sound way, including the all-important articulable cause for suspicion that would make this entirely fictional series of events legally admissible in court. In essence, it's a process whereby intelligence services and law enforcement agencies conspire to knowingly violate the civil rights of the people they target while perpetrating an overt fraud upon the court - all in the name of "protecting national security."
- anigbrowl 12y agoSuch claims are subject to cross-examination, though. In this case, the obvious question would be 'how did you happen to be passing by?' and looking for verification of someone having been there at the time and ate in question, eg dispatch communications.