Re:Ex-Mozilla CTO: I was grilled for three hours at US airpo...
by maximilianroos on Wednesday April 03, 2019 @02:20PM
(#19565820)
For sure, I agree
I'm really not sure how often officers violate the standard; it wouldn't shock me if it were frequent
But when they do, courts will suppress the evidence, and anything that's obtained from knowledge gained in that search ("fruit of the poisoned tree").
I trust that mechanism. And think it's likely better held in the US than literally any other country (v open to evidence to the contrary though)
Re:Ex-Mozilla CTO: I was grilled for three hours at US airpo...
by dragonwriter on Wednesday April 03, 2019 @02:28PM
(#19565905)
> But when they do, courts will suppress the evidence
Not if the violation was done in “good faith”:
https://www.law.cornell.edu/wex/good_faith_exception_to_excl...
Re:Ex-Mozilla CTO: I was grilled for three hours at US airpo...
by maximilianroos on Wednesday April 03, 2019 @02:43PM
(#19566032)
Yes, thanks for the reference
A different way to phrase it might be: The officers and the suspects disagree about what a reasonable suspicion might entail. Given the incentives, I don't think this is surprising.
I'll admit, my point in no way addresses yours -- how often are officers adhering the the specific legal standard?