Comment on The cops pay Anon a visit
mech@feddit.org 1 week ago
If the cops actually had anything real, they could get the warrant with a phone call while stalling you at the door, or even storm your place and get it retroactively.
And even if they don’t get it, no cop can get in trouble for the raid if they “believe” you might destroy evidence.
It completely invalidates your 4th amendment rights but congress felt this was needed to protect you against “terrorists” 25 years ago.
hector@lemmy.today 1 week ago
Plus if police “believe” they are following the law, they are allowed to use the fruit from the poison tree, for decades now, ever since The Fear of the Others in the crime wave in the 80’s and 90’s gave them license to cancel the Bill of Rights.
Buddahriffic@lemmy.world 1 week ago
Personally, I think it should work like this: any evidence found is admissible in court, but if the cops broke the law to get it, there are legal consequences for them.
The current system is abusable if you have connections with police willing to break some laws to make smoking guns inadmissible to court, and even if it’s an honest mistake, the whole “if they looked when they weren’t allowed to, you get away with whatever they saw” is just a second bad consequence to the public, assuming the crime was one of the harmful to the public ones.