Re:Bank robbery suspect wants NSA phone records for his defense
by devcpp on Thursday June 13, 2013 @01:56AM
(#5872543)
Is it not considered evidence acquired illegally and unusable in court? Considering most people think that most of this information does not qualify as probable cause per the Fourth Amendment...
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Re:Bank robbery suspect wants NSA phone records for his defense
by nknighthb on Thursday June 13, 2013 @02:17AM
(#5872587)
The exclusionary rule is there to protect the defendant, and the defendant can ignore/waive its application.
Even if it could be applied without regard to whether the defendant objected, it has been gutted in recent decades by our radical right-wing Supreme Court, who think illegally-obtained evidence is just dandy so long as excluding it from court proceedings wouldn't actually change the government's behavior in collecting it.
Re:Bank robbery suspect wants NSA phone records for his defense
by pyre on Thursday June 13, 2013 @02:12AM
(#5872579)
My understanding is that such evidence is only thrown out of court when challenged by opposing counsel. For example, a prosecutor puts forth some evidence, then the defence lawyer objects, and the judge rules on if it is admissible. If the defence doesn't object...
Re:Bank robbery suspect wants NSA phone records for his defense
by mayneack on Thursday June 13, 2013 @02:14AM
(#5872581)
That requires admission of illegality
Re:Bank robbery suspect wants NSA phone records for his defense
by drivebyacct2 on Thursday June 13, 2013 @02:57AM
(#5872670)
I don't know why but this put this all in a whole extra sharp perspective for me.