▲ | darawk 4 days ago | |
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. | ||
▲ | everforward 3 days ago | parent | next [-] | |
> 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. It disincentivizes constitutional crapshoots where they throw stuff at the wall and see what sticks. It incentivizes using already known-good techniques where possible. “This method” is also frequently scoped very narrowly. Next time they can get the data from a slightly different place, and it’s suddenly a new case. Or they filter the time or device info slightly differently. There are a bajillion permutations one could argue about in good faith. | ||
▲ | djrj477dhsnv 4 days ago | parent | prev | next [-] | |
What you're saying would be true if the law were black and white, but in reality there are countless grey areas. In those cases, suppressing the evidence would go a long way to disincentivize actions the police know are likely unconstitutional but there's enough uncertainty for plausible deniability. | ||
▲ | genevra 4 days ago | parent | prev [-] | |
"Police now know they cannot use this method in the future" I wish I had as much confidence in a finger wag as you do but unfortunately I think it'll work more like Pavlov. |