| ▲ | plagiarist an hour ago | |
That interpretation is insane to me. If all it takes is, "haha, oops," to use evidence gained from an unconstitutional search, people do not actually have Fourth Amendment rights. I guess I shouldn't be surprised, knowing that civil asset forfeiture is a thing. | ||
| ▲ | qingcharles 2 minutes ago | parent [-] | |
This is mostly true. You have to remember that evidence exclusion for a constitutional violation is a modern thing, and it is what's known as "judge made," e.g. it wasn't made by legislature, it was invented by the courts. (Miranda warnings are the same -- I remember one time-travel book I was reading where the guy went back to 19th century New York and was complaining about the police beating him and not reading him his rights) So sometimes it can be kinda hand-wavy and bullshit, especially using the "good faith" exception which has been very over-used in the last decade or so, especially because of new technologies, which gives a get-out clause to the police unless the exact fact pattern of their "search" exactly matched some previous case that was solidified in appellate case law in their state or federal district, or by SCOTUS. | ||