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To: Lurking Libertarian

That was before the modern situation of the exclusionary rule; such a situation, even if found to be contrary to the constitution, in that day would not have derailed a criminal prosecution like it does now. Instead, the government could be sued for the allegedly illegal search (and possibly, quite separately, for the trespass). This no longer happens.


29 posted on 01/22/2013 3:45:58 PM PST by HiTech RedNeck (How long before all this "fairness" kills everybody, even the poor it was supposed to help???)
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To: HiTech RedNeck
That was before the modern situation of the exclusionary rule;

No, the exclusionary rule in federal prosecutions dates back to Weeks v. United States in 1914; Hester was an exclusionary rule case.

37 posted on 01/22/2013 3:59:10 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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