Re:Judge Rejects Defense That FBI Illegally Hacked Silk Road...
by abcabc321321123 on Friday October 10, 2014 @08:40PM
(#8440775)
Yes, that statute requires a warrant. However, the exclusionary rule is only applicable to one with a "reasonable expectation of privacy." In the hypothetical, C does not have such an expectation, and therefore C cannot challenge the admissibility of the evidence notwithstanding the statute.
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Re:Judge Rejects Defense That FBI Illegally Hacked Silk Road...
by ewoodrich on Saturday October 11, 2014 @01:44AM
(#8441393)
Yes, you are correct. Upon rereading your hypothetical, I realized I interpreted it incorrectly.
Of course, it doesn't mean that such evidence would be especially compelling to a judge or jury in those circumstances, but that's a separate matter.