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A comment on Hacker Who Sent Me Heroin Faces Charges in U.S. Parent comment

Re:Hacker Who Sent Me Heroin Faces Charges in U.S by tptacek on Friday October 16, 2015 @02:30PM (#10401201)
Think in terms of branches of government. The executive branch investigates crimes, and the judicial adjudicates them. The exclusionary rule is designed to punish the executive branch for abusing the Fourth Amendment. But if it's the judge that's mistaken, it's the judicial, not the executive, at fault, and the incentive behind the exclusionary principle ceases to exist.

(If it helps: the US's exclusionary rule is significantly stronger and more consistent than those of European countries, particularly the UK.)

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Re:Hacker Who Sent Me Heroin Faces Charges in U.S by rayiner on Friday October 16, 2015 @02:35PM (#10401238)
Indeed, the problem here is too much reason (not applying the exclusionary rule when the incentives it seeks to create do not apply), and not enough religion (always applying the exclusionary rule to benefit the accused when the government makes a mistake).
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Re:Hacker Who Sent Me Heroin Faces Charges in U.S by ta0n0n0 on Friday October 16, 2015 @02:56PM (#10401349)
Doesn't the fact that a judge's career depends on promotion by the executive branch create such an incentive?
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Re:Hacker Who Sent Me Heroin Faces Charges in U.S by klodolph on Friday October 16, 2015 @03:44PM (#10401588)
It's more complicated than that... in order for the judge to abuse the system this way, the police would have to be acting in good faith, but still bring a groundless request to the judge, who would have to figure out that the warrant was groundless but decide to issue it anyway. That's a pretty unlikely scenario.

Here's a comic about the 4th amendment: http://lawcomic.net/guide/?p=1604

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Re:Hacker Who Sent Me Heroin Faces Charges in U.S by thaumasiotes on Friday October 16, 2015 @03:33PM (#10401521)
Why should there be no penalty to the judicial branch for abusing the fourth amendment?
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Re:Hacker Who Sent Me Heroin Faces Charges in U.S by tptacek on Friday October 16, 2015 @05:08PM (#10402015)
Again, in Europe, it's considered a little weird that we have an exclusionary rule that applies to any branch of government.

But the reason is: judges aren't abusing the Fourth Amendment; they're the arbiters of it.

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Re:Hacker Who Sent Me Heroin Faces Charges in U.S by thaumasiotes on Saturday October 17, 2015 @04:37PM (#10405963)
Only the Supreme Court can claim that; lower judges are overruled all the time (in some sense).
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