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> U.S. District Juste Miranda M. Du rejected this argument, but wouldn’t suppress the evidence. “The Court finds that a tower dump is a search and the warrant law enforcement used to get it is a general warrant forbidden under the Fourth Amendment,” she said in a ruling filed on April 11. “That said, because the Court appears to be the first court within the Ninth Circuit to reach this conclusion and the good faith exception otherwise applies, the Court will not order any evidence suppressed.”

It continues to amaze me that police are the only group who can use the defense of ignorance of the law.

Terr_ 5 days ago | parent | next [-]

Not only that, when they lie in conversations/interrogations, they can lie about what the law is, as well as what official acts can/will undertake.

To me there is a fundamental difference between lies like:

1. "Your buddy in the next room already ratted you out."

2. "Sign this admission and you'll only get 6 months, tops. If you don't, we can seize your house and your mother will be living on the streets. "

some-guy 5 days ago | parent | next [-]

When I was a child, I thought police had to go to law school. How else would you enforce the law if you didn't know what the law was?

redeux 5 days ago | parent | next [-]

I took a class in college from a lawyer who said he started as a cop but wanted to understand the law better so he went to law school at night. When he graduated the chief (or whatever) told him he couldn’t practice law and be a cop, and even though he had no intention of actually being an attorney, they let him go.

bryanrasmussen 4 days ago | parent | next [-]

maybe related https://abcnews.go.com/US/court-oks-barring-high-iqs-cops/st...

ein0p 4 days ago | parent | prev [-]

Literally too smart to be regime muscle.

jasonm23 3 days ago | parent [-]

Regime... how cute to call money a regime.

underdeserver 5 days ago | parent | prev | next [-]

We all have to go to law school.

How could you live in the world without breaking the law if you didn't know what the law was?

reaperman 5 days ago | parent [-]

There have been many periods in US history where sets of laws were purposefully created that criminalized activities that nearly ~100% of the population engage in. The intent of those isn't to stop those activities, and there's no intent of prosecuting everyone. The intent is to be able to prosecute any individual person or someone close to them, at any arbitrary point in time.

Many of today's lawmakers no longer have that intent, but the system as a whole still keeps running in a manner that allows tools of that nature to be used against targeted individuals and populations.

underdeserver 5 days ago | parent | next [-]

Yup. Today these are traffic laws (even if you're a pedestrian).

01HNNWZ0MV43FF 5 days ago | parent | prev | next [-]

For the curious: https://en.wikipedia.org/wiki/Selective_enforcement

pmdulaney 3 days ago | parent | prev [-]

Corporate America is very similar in that regard. If the bosses like you, they will turn a blind eye to all sorts of things. But if they have it in for you, they WILL find a way of getting rid of you for cause.

Clubber 5 days ago | parent | prev | next [-]

They're supposed to be trained on it, and they probably get a week maybe, depending on the academy. The rest is how to beat your ass.

gosub100 5 days ago | parent | prev [-]

PDs have attorneys on call and prior to that they can call their sergeant if they are unsure. Even real lawyers don't know every aspect of every law on the books.

What baffles me is the hypocrisy in the political party that wants more government and regulation is the same one that hates the men who enforce it.

const_cast 4 days ago | parent | next [-]

It's not that people hate police, it's that the police have zero accountability and that, over time, has lead to a culture where they can do whatever they want, whenever they want. The police are rife with systemic abuse and even a HINT of "oh maybe we should be looking into this" is met with "back the blue" type people crawling of the woodwork to explain how qualified immunity is good, actually, and we don't want good ole boys going to prison for things as trivial as state-sanctioned murder.

01HNNWZ0MV43FF 5 days ago | parent | prev [-]

I think a good police force could exist, but the current implementation could use improvement

voxic11 4 days ago | parent | prev | next [-]

They can't do 2. Or at least it would make the confession inadmissible evidence. The case law for this goes back more than a century. The general rule is that the police cannot promise you anything in return for a confession.

> Bram v. United States, 168 U.S. 532 (1897), was a United States Supreme Court case that ruled that an alleged confession to a crime, in order to be admissible, must not be obtained by threats or violence, nor by any direct or implied promises, however slight.

https://en.wikipedia.org/wiki/Bram_v._United_States

The ruling was later applied to the states as well in Malloy v. Hogan

> The Court held that the Fifth Amendment's exception from compulsory self-incrimination is protected by the Fourteenth Amendment against abridgement by a state. When determining if state officers properly obtained a confession, one must focus on whether the statements were made freely and voluntarily without any direct or implied promises or improper influence.

https://www.oyez.org/cases/1963/110

The "you will get X years instead of Y years" has repeatedly been found to make testimony inadmissible. You might be confusing it with plea bargains which are legal but don't involve the police and are actually binding agreements. The prosecutor cannot lie to you about what you will receive in return for your cooperation.

decimalenough 4 days ago | parent [-]

> The general rule is that the police cannot promise you anything in return for a confession.

Yet plea bargaining is basically a promise in exchange for a confession (guilty plea), and that's why it's not allowed basically anywhere except the US.

qingcharles 4 days ago | parent | next [-]

In Illinois I noticed they modified the template admonitions they read to the defendant during a guilty plea to say something like "has anyone promised you anything, except for this plea agreement?"

bryanrasmussen 4 days ago | parent | prev | next [-]

plea bargaining in the U.S also is a promise that they will recommend that you get a particular deal, but the judge in sentencing can decide not to take that deal.

voxic11 4 days ago | parent [-]

Yes maybe my wording was clumsy but that is what I was attempting to say. The important thing is the prosecutor is not allowed to lie to you as part of the plea bargain. If they promise to do something like give a specific recommendation to the judge they must do it or risk the verdict being overturned.

voxic11 4 days ago | parent | prev [-]

Can you give any sources for plea bargains not being used outside of the US? I'm mostly familiar with US law but my understanding is that plea deals are used in most commonwealth/adversarial system countries such as the UK, Canada, and Australia.

For example I can find a lot of Australian lawyers discussing plea deals.

> There are three main types of plea deals in Australia:

> Charge Bargaining – The defendant pleads guilty to a lesser charge than initially filed. For example, a charge of aggravated assault may be reduced to common assault.

> Sentence Bargaining – The defendant pleads guilty in exchange for a lighter sentence recommendation from the prosecution.

> Fact Bargaining – The prosecution and defence agree on which facts will be presented to the court, potentially influencing sentencing outcomes.

https://newsouthlawyers.com.au/plea-deals-in-australia-what-...

If you just mean that plea deals are not used by inquisitorial systems then obviously that makes sense.

brigandish 4 days ago | parent [-]

Please bargains are allowed and used in the UK but their existence is not as explicit as in the US, hence most (English or perhaps British) people thinking they may not exist in English or Scottish common law. There’s certainly less statistical data on their use collected.

LinuxBender 5 days ago | parent | prev | next [-]

Never talk to the police. Let your lawyers do the talking.

lcnPylGDnU4H9OF 5 days ago | parent | next [-]

To add to this: it is the police's job to positively identify those who commit crimes. If they are questioning you, it is because 1) they are investigating a crime and you are a suspect (maybe not the prime suspect but a suspect) and 2) they do not have evidence that reasonably proves that you committed whatever crime (or lack thereof) they are investigating. (Simple game theory for 2: if they had the evidence, they'd use it to obtain an arrest warrant and then prosecute the case; no need for more investigation.)

This isn't good advice only for people who have possibly committed a crime but also (and especially) for those who are confident that they have not. The police are asking you questions to "get to the bottom of it" and they encounter people every day who do think they can lie to get out of a crime; they think you might try to lie to get out of a crime. They won't trust your words but they will verify your words. If your words turn out to be false, then they'll tell the judge/jury that you lied to them, not that you were mistaken; in the absence of stronger evidence (against someone else) they might claim you were possibly even intending to direct their investigation toward a red herring with your falsehoods.

The only revision to this advice I've heard in the past decade-and-a-bit: tell the police your real first and last name if they ask. It's not always a requirement but some states have "stop and ID" laws, which means you have to identify yourself to law enforcement during a "lawful detention" (other states instead require it after an arrest).

autoexec 5 days ago | parent | next [-]

> The police are asking you questions to "get to the bottom of it" and they encounter people every day who do think they can lie to get out of a crime;

I don't even think they are all that interested in getting to the truth of the matter, they are mostly concerned with getting an arrest and conviction. If it'll be easier to throw you behind bars than to find and arrest the dangerous person who actually committed the crime they aren't all going to choose more work and risk "officer safety" when they can just take you and call it a day. Especially not if they're already prejudiced against you or you bruised their fragile ego somehow.

EFreethought 5 days ago | parent [-]

I wonder how much of the state of affairs is due to the "enshitification" of law enforcement. I think a lot of towns/cities require officers to give out a minimum number of citations/tickets per month.

If you are told to care about a number, you will care about a number.

oivey 4 days ago | parent | next [-]

Enshitification would imply they were ever good. Police brutality has been a constant throughout US history, particularly against minorities, among many other things.

lcnPylGDnU4H9OF 5 days ago | parent | prev [-]

Those numbers influence promotions/raises. It is probable that higher-paid cops commit more civil rights violations than lower-paid by virtue of them being more likely by comparison to have undue arrests and convictions on their record (and ~equally likely to encounter actual criminal behavior).

testing22321 5 days ago | parent | prev | next [-]

This x 1000.

A friend was a career LAPD detective, and he gave me the talk. He said because I’m a nice guy I might try to help the police by explaining what I saw in detail. He was adamant that I never ever do that, because in the absence of someone to pin it on, they would find a way to pin it on me. He saw it as literally their job.

No matter what, even if you are just standing there when something happens, don’t talk to the police.

Loughla 5 days ago | parent | next [-]

I've told this story on here before. When I was 16 or 17, the place I was working got robbed. The guy just opened the register while I was fixing part of the greenhouse building.

The police showed up and took my statement, in which I said I didn't hear a car, so I assume he just ran off.

They took me in about two weeks later for an official statement. Then told me I had to take a polygraph because my stories didn't match. The story didn't change. The officer at the scene wrote that I said I saw the guy run off.

I was shitting bricks. A cop friend of my parents told me that this was common. They didn't have a suspect, I was a young kid, so they were just trying to get me to admit to it. He said they would tell me I failed the polygraph test and to just come clean.

That's what they did. They tried to pin it on me, but I legit didn't do it, so I would never confess. Even after they tried the 'you'll only get probation of you confess now, but if this goes to trial you'll be tried as an adult' nonsense.

And that's the story of how I learned to never, ever, ever speak to a police officer without legal counsel, even if you're straight up the victim in the situation.

What a fucking mess this country is in terms of policing.

galkk 4 days ago | parent | next [-]

This is just wtf…

In my origin country they require witnesses to sign off witness statements. This isn’t the case here, in the US?

How you were summoned? Was it official? What if you’d shown with lawyer?

I think that now it’s already established that polygraphs are bullshit. Could you refuse it?

Loughla 4 days ago | parent | next [-]

I was summoned by a detective calling me and telling me I had to come to the station. I was 16 or 17 and didn't know any better. I'm not sure it was official, but I have no idea how that works.

Witness statements are supposed to be signed. I never even saw the reports from any of the cops I interacted with. I think they were just lying the entire time.

They told me I didn't need a lawyer if I was innocent. And because I was 16 or 17, I believed them. I'm hindsight, I would've had a lawyer immediately.

It's a fucking mess, but it's pretty standard practice at the garbage police station where I grew up. I'm assuming it's like that in more places.

rendall 4 days ago | parent | prev [-]

> Could you refuse it?

Definitely, unless ordered by a judge. He needed a lawyer to advise him.

criddell 4 days ago | parent | prev [-]

Did you take the polygraph?

Loughla 4 days ago | parent [-]

Like I said. Yes I did and they said I failed, just like my cop friend told me they would. They were just using it to try to get me to confess.

Subsequently, it's your answers that are admissable in court, not the results. If you're ever given a polygraph, they will ask you to lie on a question or two "as a baseline." Refuse to do that. They will use it against you.

4 days ago | parent | prev [-]
[deleted]
lIl-IIIl 5 days ago | parent | prev [-]

Couldn't they also be questioning you because 3) you are a witness?

What is one to do if they have material information and a vested interest in crimes being solved and getting the right people be held responsible?

JoshTriplett 5 days ago | parent [-]

Get a lawyer, talk to that lawyer, work with that lawyer to carefully provide that information without putting yourself at risk.

garbagewoman 5 days ago | parent [-]

Even in response to “did you see someone running that way?”?

JoshTriplett 5 days ago | parent [-]

I was talking about questioning that's occurring to investigate a crime committed in the non-immediate past. I wasn't commenting on what to do about a possible crime in progress.

DrillShopper 5 days ago | parent | prev | next [-]

Corollary: if talking to the cops helped you then the police wouldn't be so eager to talk to you

santoshalper 5 days ago | parent | prev | next [-]

Because someone, somewhere needs to see this today

https://www.youtube.com/watch?v=d-7o9xYp7eE

fdb345 4 days ago | parent | prev | next [-]

Im sorry but Ive got to talk to them to take the fucking piss out of them.

My interview tapes are hilarious.

FireBeyond 4 days ago | parent [-]

“We can put you in Queens on the night of the robbery.”

“Oh really? I live in Queens. You got a team of monkeys working on this or something?”

gosub100 5 days ago | parent | prev [-]

[flagged]

Kinrany 5 days ago | parent | next [-]

You're interpreting GP's comment in bad faith.

gosub100 4 days ago | parent | next [-]

He used the word "never". That's not a word requiring interpretation. And for finding this gaping hole in his argument, I'm rewarded by getting flagged.

Kinrany 4 days ago | parent [-]

People usually understand that rules can have exceptions, and natural language is limited in its precision.

gosub100 4 days ago | parent [-]

[flagged]

AlexeyBelov 3 days ago | parent [-]

Then why do your comments read _exactly_ like what I see on YouTube?

AlexeyBelov 3 days ago | parent | prev [-]

It's a pattern for this user. Seriously, read their comments. I don't understand why HN tolerated that.

gosub100 5 hours ago | parent [-]

someone has different views than you. can you handle that?

InvertedRhodium 5 days ago | parent | prev [-]

“Not sure, sorry” is more my go to. Nothing illegal or inciting about ignorance and stupidity. And manners cost nothing.

immibis 5 days ago | parent [-]

What if they can later prove you were sure - maybe from your WhatsApp messages where you told your friend about the crazy shooting?

nemomarx 5 days ago | parent | prev | next [-]

I get your point but actually why can they lie and claim your buddy ratted you out?

Zak 5 days ago | parent | next [-]

The assumption, as I understand it is that a guilty person is more likely to confess if they believe the evidence against them is strong, but an innocent person will not believe the lie because they know they didn't commit the crime and generate the purported evidence.

I fear like many other old assumptions about criminal justice that isn't a close match to reality.

p_ing 5 days ago | parent | prev | next [-]

Tax payers don't care enough to force the congress critters to change the laws in <your home state>.

Instead, you get human beings who are shielded by a thin piece of paper who can summarily execute you, then say "whoops, my bad".

Police are nothing more than State-sponsored gang members.

pstuart 5 days ago | parent | next [-]

Many of those tax payers are fine with them being gang members, but only against "others" -- that's a feature, not a bug.

duskwuff 4 days ago | parent | prev | next [-]

> Police are nothing more than State-sponsored gang members.

Sometimes very literally:

https://en.wikipedia.org/wiki/Gangs_in_the_Los_Angeles_Count...

deepsun 5 days ago | parent | prev [-]

State (any country, since the birth of monarchies) is the gang. It literally robs you ("taxes"), monopolized violence (only state is allowed to utilize it). But if it does a poor job at that, other states swoop in with their rules, no invitation needed.

Retric 5 days ago | parent [-]

Cops are sufficiently independent to be a separate entity here.

Under civil asset forfeiture they are literally allowed to go out and rob people independent of what any taxes might be.

Terr_ 5 days ago | parent | prev | next [-]

I imagine a lot of it is tradition, AFAICT it was never really banned in the US (or Britain), although in the US it was codified in 1969. [0]

[0] https://en.wikipedia.org/wiki/Frazier_v._Cupp

5 days ago | parent | prev | next [-]
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dghlsakjg 5 days ago | parent | prev [-]

Simple answer?

Because there is nothing prohibiting it.

plsbenice34 5 days ago | parent | prev [-]

I dont see the difference, both should be illegal

mjd 5 days ago | parent | prev | next [-]

The rule that illegally obtained evidence is inadmissible exists to disincentivize the police from obtaining evidence illegally.

But if the police believed, in good faith, that a particular search was legal and reasonable, based on the fact that a judge authorized them to perform it, then excluding the resulting evidence doesn't serve that purpose.

Update: This is not a new thing. The good-faith exception has been in U.S. law for decades. See https://en.wikipedia.org/wiki/Good-faith_exception . You may not like it, but it's not something the judge just made up out of thin air.

plsbenice34 5 days ago | parent | next [-]

Excluding the evidence would incentivize police to stop choosing the most convenient interpretation of the law. They should have to try to make the most accurate interpretation, which means punishment when they are wrong. Just like for everyone else

mjd 5 days ago | parent [-]

No. In 2020 the police went to a magistrate judge to ask for a warrant. The judge issued the warrant. Five years later, another judge has determined that the warrant should not have been issued in the first place.

That is not the fault of the police, and there is no reason to punish them for it.

RHSeeger 5 days ago | parent | next [-]

> That is not the fault of the police, and there is no reason to punish them for it.

It's not punishing the police. It's not allowing them to use evidence that they shouldn't have been allowed to gather.

Fining them, firing them, and/or jailing them for breaking the law; those would be ways of punishing them. That's not what is being discussed here. Admittedly, we pretty much _never_ punish police no matter what they do, so it's kind of a moot point.

multjoy 5 days ago | parent [-]

They were allowed to gather the evidence - they had a warrant from a judge. The judge erred, not the police.

gylterud 5 days ago | parent | next [-]

But the point is justice for the people put through curt. It does not matter to them whose mistake it was.

vermilingua 5 days ago | parent [-]

No, that is not the point. Common law does not exist to render justice to the people in and of itself, it exists to give the people a mechanism of getting that justice themselves.

I expect anyone that was convicted due to this dragnet would now be able to appeal.

9dev 4 days ago | parent | prev | next [-]

Explain again why the police is "punished" if someone isn’t detained in court?

RHSeeger 5 days ago | parent | prev [-]

Where is it written that, if a judge tells a police officer they can do something, they are legally allowed to do it, no matter how blatantly illegal it is? I'm open to being corrected, but I have a hard time believing that, if a judge told a officer they have permission to go out an summarily execute 40 random people in the mall, it would be legal for the officer to do so. And once _anything_ can be illegal even if a judge tells them two, you're now in a grey area figuring out what is/isn't illegal.

At the moment, I would believe they were both wrong, and that the officer broke the law. I _think_ the judge also broke the law, but I don't know exactly how that works.

AStonesThrow 5 days ago | parent [-]

Who commands the police officer to do things? Is it his/her superior, or the judge directly?

If there is a chain of command in any police department or Sheriff's Office, then the judge is not going to jump that chain and interpose herself in giving orders to a lowest-level officer who is on-the-ground and doing things.

The order's going to go to the office of their commander, who's going to evaluate it, and then it'll go through proper channels, so by the time your hypthetical "Police Officer in Summary Execution of 40 Innocent Consumers" then the order's been interdicted or validated as totally within the law as they interpret it?

RHSeeger 4 days ago | parent [-]

I think there's a disconnect in the way we're looking at this. It seems like you feel the person who told the officers to "go do this" is at fault, and anyone who did <this> isn't. I feel strongly that both are at fault. If a mob boss orders a murder and a hitman carries it out, they're both at fault. Same deal here.

AStonesThrow 4 days ago | parent [-]

“You feel”? Who is “you”? Are you referring to me? I have no feelings or judgement on any particular case. I have no facts about them. I don’t care because I am not involved and I am not in authority.

Please do not ascribe judgements to me that I am not making. I was simply asking questions to clarify a typical process that may be hypothetically followed. Thank you.

RHSeeger 4 days ago | parent [-]

Sorry, there's multiple people in the conversation. I was originally speaking to the person that said this

> They were allowed to gather the evidence - they had a warrant from a judge. The judge erred, not the police.

And that statement makes it very clear that, if the judge gives the ok to do something, then the judge is at fault; and _not_ the person that actually does the thing. I disagree with this. The person who does the thing is responsible for their own actions. The judge may _also_ be at fault, but that doesn't absolve the officer who took the action.

Your response (in the context of what I said)

>> if a judge tells a police officer they can do something

> Who commands the police officer to do things? Is it his/her superior, or the judge directly?

Seems to indicate you think I said the judge is the one who ordered the officer to do the thing. I didn't. I said the judge gave permission for it.

To be very clear, in a situation where

1. Tier 1 officer orders Tier 2 officer to have a thing done

2. Tier 2 officer orders Tier 3 officer to do the thing

3. Judge authorizes Tier 3 officer to do the thing

4. Tier 3 officer does the thing

If "the thing" is clearly illegal (to a reasonable person), then ALL of those individuals are at fault. And Tier 3 officer clearly broke the law when doing the thing.

I believe that

Vegenoid 5 days ago | parent | prev | next [-]

The evidence can be suppressed without punishing the police.

5 days ago | parent [-]
[deleted]
autoexec 5 days ago | parent | prev [-]

Really we should be punishing the judge who approved it in the first place. A judge that violates the rights of the people shouldn't be allowed to be a judge.

equinoxnemesis 5 days ago | parent [-]

There is obviously a line between what is and is not a permissible search somewhere and it's virtually inevitable that judicial rulings will from time to time err on both sides of that line (and they do). Punishing judges for ruling in ways which are later overturned would destroy rule of law at a fundamental level.

autoexec 5 days ago | parent | next [-]

> Punishing judges for ruling in ways which are later overturned would destroy rule of law at a fundamental level.

Not where people's most fundamental rights are concerned. What it would do is cause judges to err on the side of caution before making a ruling that would violate the constitution which is exactly what we want judges to do.

rainsford 4 days ago | parent | next [-]

That's obviously unworkable if you consider that even the Supreme Court's interpretation of fundamental rights can change over time. If a future Supreme Court overturns a prior Supreme Court decision in a way that expands a particular right, do we punish all the judges who followed the previous precedent? If we do, then we have a judicial system that encourages individual judges to ignore the Supreme Court, which doesn't seem like a good setup.

But more fundamentally, the system you're proposing doesn't just incentivize judges to err on the side of caution, it incentivizes them to never rule in favor of the government and just punt the decision to the next level. If the cost of ever being overturned on appeal in favor of an individual's rights is losing their job, while there is no corresponding downside of ruling the other way, there's basically no reason to ever risk granting a warrant, for example.

immibis 4 days ago | parent | prev [-]

Then a Republican judge could just rule that obviously constitutional things were unconstitutional and punish all judges who don't agree, right?

autoexec 3 days ago | parent [-]

Judges who violate the basic rights of other judges would also be subject to some level of accountability though. At a certain point, we have to trust government officials to at least attempt to do their jobs and we need to have ways to address the situation when they don't. It shouldn't matter if that judge is a democrat or a republican.

Right now there is currently zero accountability. At best, when a judge violates people's constitutional rights some small number of those people will be able to get an unjust ruling overturned at which point they might be released from prison or might get some monetary payout at the expense of taxpayers, but the judge is still free to do whatever they want without consequence knowing that at least a few people will be unable to assert their rights.

Considering that unaccountable judges are where we're starting from, I think having a means to make judges accountable can only improve things. Given the choice between judges being able to violate people's rights without any accountability or a system where judges have some level of accountability for the most egregious violations of our rights, even while that system requires us to make sure that it isn't being clearly abused, I think we're better off with the option to get some accountability where it's needed.

It doesn't need to be a perfect system to be a better one, and it feels like we could put some guardrails in place to keep the amount of obvious abuse down. It's difficult to believe that judges willfully violating people's rights without consequence is an unsolvable problem, let alone one that couldn't possibly be improved somehow.

AngryData 4 days ago | parent | prev [-]

The Rule of Law is already being broken by a judge saying the law doesn't matter when it is convenient to getting a conviction, meanwhile for normal citizens ignorance of the law is not a defense.

ty6853 5 days ago | parent | prev | next [-]

If I believe, in good faith, I have not broken the law. I should not be convicted.

mjd 5 days ago | parent | next [-]

This is not responsive. The police did not commit a crime here.

Also note that there are good-faith defenses to all sorts of crimes, because (for example) there is a difference between knowingly defrauding a customer and just making a mistake.

ceejayoz 5 days ago | parent | next [-]

> The police did not commit a crime here.

They did, however, violate the Fourth Amendment. Per the court.

mjd 5 days ago | parent [-]

The Fourth Amendment was violated by the magistrate judge who issued the illegal warrant, not by the police officers who, acting in in good faith, executed it.

RHSeeger 5 days ago | parent | next [-]

No, the judge told them they were allowed to do it. The act of doing it is what violated the fourth amendment. If they hadn't acted on the warrant, the fourth amendment wouldn't have been violated. The judge was _wrong_, but the police are the ones that violated the amendment.

mjd 5 days ago | parent [-]

“No warrants shall issue, but upon probable cause, … and particularly describing the place to be searched, and the persons or things to be seized.”

Judge Magit violated the amendment by issuing the warrant.

_DeadFred_ 5 days ago | parent | prev [-]

If my lawyer tells me selling a specific analog version of fentanyl is legal because it's different enough/whatever, and I good faith sell an analog version of fentanyl, do I get a good faith exemption?

5 days ago | parent | next [-]
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lucb1e 5 days ago | parent | prev | next [-]

Bad analogy but I'll try it:

I take it fentanyl is some illegal drug, but some people can legally sell drugs (licensed apothecaries). If they go for a license, get it approved, then sell a drug, and then it turns out the license is invalid due to no fault of their own and should not have been issued, I don't think anyone is surprised if the apothecary is not on the hook for that. But I'm not a lawyer, much less a judge, so who knows what they'd actually rule

In the example where "someone told me to do it", you're glossing over evidence (this was in writing, not hearsay). In the example of addictive substances, you can be reasonably expected to do your own research and not take a random person's written word for it. The analogy is so hyperbolic, I don't get the impression you're trying to reasonably think about this case

_DeadFred_ 5 days ago | parent [-]

Fentanyl is an illegal drug. There is an Analog Acct that makes it so that close analogs to fentanyl are illegal. That was done because people were making analogs and getting away with it.

Drug dealers then went to their lawyers and asked if certain formulations fell under the Analog Act. Their lawyer said no and wrote out how they were legal and didn't fall under the analog act. They sold the drugs and went to prison even though they thought they were in the clear (so good faith should apply, right?).

This is a real case that I have experience with so not sure why I'm being called out as acting in bad faith or making up a ridiculous scenario. This is a real scenario with the people sitting in prison still (for another 5 years).

lucb1e 5 days ago | parent | next [-]

Right, I see. There's still the difference of having official permission according to the legal system, such as the search warrant being a mechanism codified in law, or the mechanism to get a license as an apothecary to operate a pharmacy

If there is no such license you can apply for, I'm not sure there exists a system by which you can be indemnified from criminal prosecution for doing such sales (or possession or whatever the case may be)

The question reminded me of a 2019 case where two parties went to the judge to get a ruling on something, without there being damages or claims. (Here, a potential buyer and seller could ask to decide whether a certain substance would be legal to sell before the sale happens, steering clear of prosecution until there is a ruling.) Reading that case back, the legal provision that made this possible only applies to situations where the parties are free to do whatever (such as with a contract dispute); it does not work for creating jurisprudence on criminal law. Asking ChatGPT as a quick last attempt, it proposes to ask a lawyer (you've shared how well that worked) or to sue the government over the law that makes the sale illegal which would be void if the judge goes "this substance doesn't fall under that law anyway" and then you've got jurisprudence to work with. The latter sounds a bit strange, not sure if that's actually possible, but it'd be worth exploring for such edge cases where it may or may not be criminal to do a certain thing

Of course, I totally see how this is a double standard: you've done your homework and to the best of everyone's knowledge it's legal, and then when it turns out you're wrong, whether you get sent to prison depends on whether it was the government who sanctioned it. Everyone can make an honest mistake, government or no

I don't know the intentions of the drugs dealers you have experience with. If there are legit purposes for the specific analog they were selling (that is, purposes falling outside of the spirit of the law that makes fentanyl (analogs) illegal) then it seems strange that a judge would send them to prison for years. Was a long prison sentence perhaps compulsory due to some minimum sentence requirement as part of this war on drugs thing? Wondering this since our government is implementing more and more minimum punishments despite research showing this does not deter the behavior and also increases recidivism due to the longer time you spend outside society, losing any position that you had in it. It's great

_DeadFred_ 5 days ago | parent [-]

In the United States you can sell non-controlled supplements. For example you used to be able to buy MDMA (street name ecstasy/molly) over the counter at health food stores in the 1980s before the government classified it. In my area there are all kinds of strange stimulants sold in gas stations, and something called kratom people seem to get mildly hooked on.

The drug dealers were ex-marines that received debilitating injuries fighting in Afghanistan, became addicted to pain pills when they came home, and because of their injuries were unable to work. So they were selling drugs. Then the analog act came around, which made a large amount of closely related drugs illegal. They were drug dealers, and should be in prison. Someone died from these weird compounds they were bringing in from China to try and skirt the Analog Act. But these guys in their head justified it because they were using the same compounds, and they felt they needed to subdue their pain. But these guys also didn't hide it. They had a lawyer that they ran things by. They bought cars from dealerships with their money, not trying to hide it in any way.

I don't think 'good faith' should apply to them. But also don't think 'good faith' should supersede the United States Constitution. If it applies to the prosecution side, it should apply to the defense. A judge shouldn't be able to waive away our Constitution just because it's inconvenient in a prosecution. In the US, even if something is determined unconstitutional and that determination means people should be released from prison, every single person impacted has to go to court and prove it applies to them. We should release people imprisoned unConstitutionally, but we don't, because again it's inconvenient to the legal system. There is even a time limit on those people to go to court, and if they don't in time (say because they don't know, because they aren't notified) then they are bared from bringing it up in a motion to the court.

Drugs are a hard one. I blew up my life over addiction. Many around me were to. Some were using drugs, some alcohol, some gambling, some risky sex. One interesting feature of American society is we used to give people a second chance. For old guys like me, many of the characters in westerns were criminals turned better as law men one town over. These guys would have been completely different if they were receiving adequate pain care and some sort of job opportunities when they came back from war. I think society needs that. But it also can't enable bad behavior. Interesting/complex times.

Sorry for my wall of text.

heavyset_go 4 days ago | parent | prev [-]

Just curious, what case are you referencing?

_DeadFred_ 3 days ago | parent [-]

I believe one of the parties last names is some form of Sullivan. Don't know the specific case to look up in Lexus.

rabite 5 days ago | parent | prev [-]

[dead]

everforward 5 days ago | parent | prev | next [-]

18 U.S. Code § 242, “Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States…”.

The judge erred in granting the warrant, the police violated the above statute. Them being unaware would be an affirmative defense, that does require admission of the above crime.

qingcharles 4 days ago | parent | prev [-]

Police can commit statutory crimes to gather evidence in the USA. I'd like to see any solid ruling that says otherwise.

What they cannot do is violate certain constitutional rights to do so without triggering exclusion.

addicted 5 days ago | parent | prev | next [-]

If you believe in good faith that you have not broken the law, and can reasonably convince a jury of that, you almost certainly will receive a lighter sentence than you would have otherwise and in some cases also be acquitted.

So this isn’t really a good argument even if we ignore the fact that it’s a non sequitur.

A better argument is that the good faith exception, while making sense in principle, can easily be abused by the police to make illegally obtained evidence look like it was done in good faith, and therefore the exception itself should be removed because of how difficult it is to actually gauge and enforce.

dragonwriter 5 days ago | parent [-]

> If you believe in good faith that you have not broken the law, and can reasonably convince a jury of that, you almost certainly will receive a lighter sentence than you would have otherwise

Juries usually don't decide sentencing, and even if they did I don't think that would matter with crimes viewed as wrong in themselves (mala in se) though it might with crimes viewed as wrong because they are prohibited (mala prohibita).

ty6853 5 days ago | parent [-]

Well there's also the case that a main component in having your sentence reduced is expressing genuine remorse.

I'm not sure how on earth someone could be remorseful for a mala prohibitum victimless offense while simultaneously maintaining they in good faith thought they were following the law. Any expression of those two views simultaneously would in practice be seen as not much more than "sorry I got caught -- doing something I thought was legal."

tedunangst 5 days ago | parent [-]

Doesn't seem contradictory to explain you thought it was okay and had no ill intent, but now realize your mistake and won't do it again. Requiring regret is problematic when you're claiming innocence (didn't do it), but when all parties agree you did it, your concern is convincing them you won't do it again.

encom 5 days ago | parent | prev | next [-]

If you can cite previous court cases in your favour, you probably won't.

JumpCrisscross 5 days ago | parent | prev | next [-]

> If I believe, in good faith, I have not broken the law. I should not be convicted

How often does this actually happen in criminal matters?

ty6853 5 days ago | parent | next [-]

Jeremy Kettler -- bought a silencer completely made and sold within his state (no interstate commerce) and believed based on the Kansas Second Amendment Act (I think that was the name) which legalized intrastate NFA items that it was 100% legal. His own state representatives had advertised to their constituents that the law exempted silencers that never crossed state boundaries. The buyer and seller did it openly and even had photos on facebook, seemingly totally oblivious this would actually still touch federal law / interstate commerce.

Cody Wilson -- Went to a sugar daddy website that verifies IDs to ensure all 'escorts' are 18 which is a pretty good faith way to do it IMO. Woman seemingly had fake ID at some point, and also lied and turned out to be like 16 or 17. At some point later she underwent counseling at school and admitted she was an escort, after which a criminal investigation happened and Mr. Wilson was arrested. As a strict liability crime, there was no defense that due diligence was done to ensure the escort was 18.

JumpCrisscross 5 days ago | parent [-]

The SAFA case is complicated, granted, and rare; it reached the appellate circuit for a reason.

CSAM and child sexual assault are one of the few areas of criminal law where we confer (in my opinion, correctly) absolute liability.

Broadly speaking, I think more cops have been convicted of duty-related crimes than unsuspecting random convicted of and punished for a crime they didn’t know they committed.

ty6853 5 days ago | parent | next [-]

These kind of convictions aren't rare in the firearms domain. People get arrested or convicted all the time for doing stuff they had no idea was illegal. More recently a Navy Sailor (Patrick Adamiak) in the pipeline to be a SEAL was convicted after selling an imported parts kit that had been destroyed per ATF guidelines from the early 2000s. But apparently when he resold it, (after buying it openly from gunbroker), the ATF decided the way the kit was cut up was wrong and put him away for 20 years. Oh yes they had a few other excuses -- he had a decomissioned RPG tube, so the ATF just put an entirely other gun inside the fucking tube and fired it to claim it still work.

In that case, even the Navy, which almost never does this to felons, terminated him with an honorable discharge and even let him run up all his liberty time before releiving him.

milesrout 2 days ago | parent | prev [-]

Absolute liability is unquestionably completely wrong. It is punishing someone despite his not having had any kind of guilty state of mind. It creates criminal liability for something that is completely beyond the defendant's control. Nothing could be a greater abuse.

What justification do you have for the view that it is right that in some US states you can be convicted of a crime despite never having done anything wrong, with no negligence, no recklessness, no intent, no knowledge, nothing? Because that goes against the most fundamental precept of criminal law: the requirement of both actus reus and mens rea. With no guilty mind there is no criminal liability.

RHSeeger 5 days ago | parent | prev | next [-]

Hide some drugs in someone's luggage when they're traveling at an airport and then get back to me. There's tons of cases of people being arrested for things they either had no idea they doing or had no idea was illegal. And then even more where the police tack on lots of charges for someone that's already been arrested; for things that they had no idea they were a problem in the first place.

autoexec 5 days ago | parent [-]

Hell, there are tons of examples of people being arrested for things that aren't crimes at all, and even for acts that are constitutionally protected. Police don't care because they know they'll get away with it (and might even get a paid vacation) when the case against the person who was arrested and likely lost their job as a result gets thrown out. If the unlawfully arrested person is lucky and/or wealthy enough to afford a good lawyer they might get a decent amount of tax payer money out of it.

mjd 5 days ago | parent | prev | next [-]

It's a perfectly reasonable defense to a charge of mail fraud, for example.

Or employing illegal aliens. "But they told me they had work visas, and they showed me what later turned out to be expertly-counterfeited visas!" Why shouldn't that get you off the hook, if true?

dan-robertson 4 days ago | parent | prev [-]

I have this vague impression that a certain amount of intent, but (a) I think it’s more about intending to do the bad thing than knowing that the bad thing is illegal, and (b) this is all very vague so I could be totally wrong.

__loam 5 days ago | parent | prev [-]

This is a weird concept to people in stem fields, but in law intent matters a lot. It's the difference between manslaughter and murder.

ty6853 5 days ago | parent [-]

It apparently doesn't in one of the areas of which I have a high level interest. The ATF is constantly changing their mind on what a machine gun is, and if it is one, it is a strict liability crime.

Not long ago a guy was put in jail for creating business-card sized metal sheets with the image of a 'lightning link' (machinegun conversion device) on it. Not the actual device, just a picture of it etched <0.001" into the metal. Clearly just art, and even when the ATF cut it out they could not get it function as a machine gun. They gave it to an actual machinist, and even after a day he could not get it to function as a machine gun. They could only get it to do anything by literally jamming it into the gun and making it do hammer follow, which every AR-15 can do with the parts already in it.

Up until the guy was convicted I don't think anyone had any idea a picture of a machine gun on a metal card was a machine gun. They even convicted the guy advertising it, who never as far as I know actually distributed one.

kevin_thibedeau 5 days ago | parent | next [-]

Meanwhile, you can use bump-stocks as a redneck machine gun all day long.

AngryData 4 days ago | parent [-]

Bumpstocks are a worthless gimmick, you can bump fire 99.9% of semi-auto guns with zero modifications or special stocks.

aftbit 5 days ago | parent | prev [-]

Are you talking about the AutoKeyCard case, Kristopher Ervin and Matthew Hoover? Ervin finally gets out of prison on 2025-05-03 and Hoover gets out on Christmas 2026.

ty6853 5 days ago | parent [-]

Yes. Honestly I am astonished Ervin, the leader of that enterprise, is getting out so much sooner than Hoover who IIRC just advertised it.

anigbrowl 5 days ago | parent | prev | next [-]

Agreed. Part of the problem here is that there are few consequences (other than perhaps non-promotion) for judges who issue bad warrants, and we don't have good information on how many warrant applications are rejected or wrongly granted.

anon373839 5 days ago | parent | prev | next [-]

It is an established principle. But it also is an exception to how our legal system works: you are usually bound, retroactively, by new legal principles when courts “discover” them.

einpoklum 5 days ago | parent | prev | next [-]

Reminds me of the de-facto good-faith exemptions for US police for not shooting civilians, or for the US government for arming death squads, or dictators, or genocidal military campaigns etc.

reverendsteveii 5 days ago | parent | prev [-]

Horseshit. This isn't a criminal conviction, the standard of mens rea doesn't and shouldn't apply. To add a good faith loophole only incentivizes two things: purposeful ignorance and lying.

mjd 5 days ago | parent [-]

Learn to tell the difference between "I don't like it" and "horseshit".

The legal precedent for this goes back decades, and it's been argued by many people better-informed than you.

https://en.wikipedia.org/wiki/Good-faith_exception

const_cast 4 days ago | parent [-]

He doesn't like it, and it's also horseshit.

The problem here is that the police ALREADY have systems upon systems upon systems in place to ensure they never have to take accountability, ever. Police _literally_ get away with murder, but more importantly, they routinely get away with lesser offenses.

I mean, if we can't even charge someone like Chauvin without first burning down a few cities, could you just imagine how many clerical errors get swept under the rug? How much false evidence is floating around? How many innocent people are behind bars?

anon6362 5 days ago | parent | prev | next [-]

US police, in effect, are a lawless, violent, honorless, untouchable, mafia who protect and serve primarily a landed aristocracy. In some ultra-exclusive communities, city police are literally reduced to Dashers and grocery getters. Similar venues and communities in the States also pay for hybrid PMC/LE QRFs who roll with battle rattle more than body armor and long guns.

cyberax 5 days ago | parent [-]

Dude, lay off the bong pipe.

> In some ultra-exclusive communities, city police are literally reduced to Dashers and grocery getters

Care to name a few?

TheJoeMan 5 days ago | parent [-]

Not OP, but have you heard the craziness of Indian Creek Village in Miami? [1].

Their police force is 15 for a community of 41 homes[2].

[1] https://en.wikipedia.org/wiki/Indian_Creek,_Florida [2] https://www.indiancreekvillagefl.gov/police/police-staff-dir...

cyberax 4 days ago | parent [-]

And where does it say that they bring groceries?

dataflow 5 days ago | parent | prev | next [-]

You seem to be misrepresenting the situation. Ignorance of the law is not the defense they are invoking here.

Ignorance of the law is when you claim you didn't follow the law because you were unaware it existed.

This is a case where the court believes police did know the law and did try to follow it in good faith -- that's how they got to their conclusion that it's constitutional -- and that no court had yet reached a different conclusion in that district, until now.

These are distinctly different situations.

ren_engineer 5 days ago | parent | prev | next [-]

cell tower dump and general geofence warrants to Google/Apple were how many Jan 6th protesters were found and charged. Courts threw out all their arguments about this very issue. This is standard practice and was celebrated as cops being smart

here's a Washington Post article lamenting that Google was cutting back on how long they hold location data and how hundreds of people wouldn't have been prosecuted without it- https://archive.ph/r7afb

AdrianB1 5 days ago | parent | prev | next [-]

In most cases police is seen as serving the government and having all sorts of protections from sovereign immunity (confirmed in a case when a SWAT team partly destroyed the wrong house), qualified immunity (invented by SCOTUS, there is no such law) and practical legal immunity based on the fact that DAs rarely prosecute and even juries rarely find them guilty when prosecuted. This is why the ignorance of the law is accepted in so many cases as a defense for police, but not for citizens.

lazystar 5 days ago | parent | prev | next [-]

read between the lines; this is the Kohberger case.

> the Court will not order any evidence suppressed.

this keeps him from getting off scott free

wutwutwat 5 days ago | parent | prev [-]

Who does the court work for? The government. Who do the police work for? The government.

Yeah yeah, they work for “the people” “the tax payer” whatever. They work for the government. They get their paychecks from the same place.

What are you expecting here? This isn’t equal.

ceejayoz 5 days ago | parent | next [-]

There's a very good chance the cops in question do not work for the Federal government. They certainly don't work for the judicial branch. It isn't a perfect setup, but it's better than many.

ty6853 5 days ago | parent | next [-]

The whole thing is intertwined. Podunk cops often get put on 3 letter task forces and work in a mutual arrangement with each other. They often have a really clever scam going on where they kick seizures up to federal agencies, since it is so much harder to block/contest federal forfeitures than local ones, and then the federal agencies kick back a fraction of it.

Maybe their paychecks don't come from the federal government nominally but in practice it's highly intermixed.

wutwutwat 5 days ago | parent | prev [-]

They all get paid from my pay check. They work for the government. Level doesn’t matter. They protect their own.

JumpCrisscross 5 days ago | parent [-]

> Level doesn’t matter

This level of civic and legal ignorance is a large part of why our country is in the mess that it is.

wutwutwat 4 days ago | parent [-]

Yes, thank you. It is my fault. Glad someone is calling it out!

ty6853 5 days ago | parent | prev [-]

It's ironic that Milton Friedman, the guy that invented income tax withholding, was one of the staunchest fighters against it in the end.

They all get their paycheck straight out your paycheck before you even think about it. It's absolutely brilliant. No one would actually pay for most the horse-shit we get in return if you had to sign the check.