Re:Court: Suspicionless Searches of Travelers’ Phones and La...
by aidenn0 on Tuesday November 12, 2019 @06:37PM
(#21519462)
IANAL, but my understanding is that evidence obtained from an invalidated warrant is disallowed, unless the court finds that it was inevitable that the state would have discovered the evidence.
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Re:Court: Suspicionless Searches of Travelers’ Phones and La...
by bureaucrat on Friday November 15, 2019 @06:48PM
(#21549871)
Nope. If the government fooled the magistrate, it is disallowed. However if the magistrate has failed to decode the law correctly and issued an unlawful or unconstitutional warrant, the evidence obtained by the warrant can be used in court.