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To: BlueStateDepression
lets say they did botch it. Does the cops botching it equate to these guys being innocent rather than guilty?

Certainly not. They are guilty as sin IMHO.

Our law may have worked in the past but today it only works to see the guilty go free and we should adjust it so that stops happening.

The 4th Amendment didn't address how to handle illegally obtained evidence - the supreme court did. Until that time, illegally obtained evidence was admissible. It still is under some circumstances.

Maybe it's time to go back to the common law. I think you're right - if an officer violates a person's rights he should be held accountable, but evidence of crime obtained in the process should not be summarily disposed of.

46 posted on 05/31/2006 10:17:15 AM PDT by Army MP Retired (There Will Be Many False Prophets)
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To: Army MP Retired

I agree it was SCOTUS that made this tarbaby. I feel Congress should excercise its rightful authority and fix the problem. After all it is their job to form the law.

I think the fourth didn't handle the what to do with it part because I think the founders were honorable men that believed in truth. I think they meant it to be understood that courtroom evidence was supposed to be about presenting truth so that proper justice may be administered.

I would offer that SCOTUS was trying to protect our 4th when they made this ruling and indeed they rule in ways that do. I would just like to see this nation get back to basics and common sense. When something was intended for good but begets bad, it is time to act not time to rest on our laurels. Congress could and should deal with this so it can be done with.


47 posted on 05/31/2006 10:37:43 AM PDT by BlueStateDepression
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To: Army MP Retired
if an officer violates a person's rights he should be held accountable, but evidence of crime obtained in the process should not be summarily disposed of.

I agree ... but as long as exclusion of evidence is the prescribed way to handle illegal searches, they must all be done that way. I've heard no probable cause cited for this search.

59 posted on 06/01/2006 4:49:13 PM PDT by Know your rights (The modern enlightened liberal doesn't care what you believe as long as you don't really believe it.)
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