▲ | djrj477dhsnv 5 days ago | |||||||||||||||||||
There is a point: protecting the accused against unconstitutional searches. That certainly seems important. Whether the police violated the constitution in good faith or not is irrelevant when it comes to the rights of the accused. | ||||||||||||||||||||
▲ | darawk 4 days ago | parent [-] | |||||||||||||||||||
There's no point in protecting one individual against an unconstitutional search that proves him guilty. The constitutional issue is the ability to have conducted the search in the first place. The only reason we suppress accurate, but unconstitutionally obtained evidence is to disincentivize the action in the future. This "good-faith exception" strikes that balance pretty ideally. The defendants rights were violated, but there is no doubt about the legitimacy of the data, and what it implies. Police now know they cannot use this method in the future, so suppressing the evidence in this particular case does not disincentivize anything, as long as its made clear that it cannot be done in the future. | ||||||||||||||||||||
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