| ▲ | reverendsteveii 8 months ago | |||||||
How many times recently have we seen rulings from judges that establish that something is definitely illegal but the person who did is still allowed to do it or at least there's no mechanism by which they can be punished for doing it? Having laws and then picking and choosing when they'll be enforced and against whom is the same as not having laws in the first place. And before you cite the good faith exception, passing a law that says "It's legal to pick and choose when the law applies" doesn't legitimize it. | ||||||||
| ▲ | _DeadFred_ 8 months ago | parent | next [-] | |||||||
Remember in every system people push up to and just as far over the line as they can get away with. 'Good faith' is given when chain of custody is broken. 'Good faith' is given way too much. Either the 4th Amendment is serious enough to have power/force over law enforcement/judicial, or it doesn't. And with good faith, it doesn't. 'our side violated the law but because of the divisions of power, our side didn't violate the law and we are going to give good faith to our side that our side was acting in good faith'. It's all window dressing to say 'the fourth amendment is superseded by other factors that a judge get's to decide at their discretion and the fourth amendment is not in fact the law of the land, a judge can overrule it with 'good faith''. | ||||||||
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| ▲ | dylan604 8 months ago | parent | prev [-] | |||||||
“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.” At least the weasel words allow/recognize that the decision is made on a branch of unknown strength. The branch may snap if other judges overrule, or it may be found to be a main branch if other judges uphold the decision. I'm not a legal scholar, but that's the first I've heard of this type of acknowledgement. However, seems like the courage ran out at that point instead of denying the evidence to be used, and letting it go to appeal to test the thickness of that branch. | ||||||||
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