Re:Judge Rejects Defense That FBI Illegally Hacked Silk Road...
by anigbrowl on Friday October 10, 2014 @10:10PM
(#8440996)
Your understanding of the rules is in error, though.
And in this case, the court has never got to the question of whether the search was illegal, because the defendant's motion to suppress is not well-formed (despite the court providing the defense with an opportunity to correct that). Courts don't have much initiative in our common-law system, constitutionally speaking their function is to resolve disputes between parties, meaning the onus is on the defense to make the argument about the illegality of the search warrant and to do so in correct legal form.
And in this case, the court has never got to the question of whether the search was illegal, because the defendant's motion to suppress is not well-formed (despite the court providing the defense with an opportunity to correct that). Courts don't have much initiative in our common-law system, constitutionally speaking their function is to resolve disputes between parties, meaning the onus is on the defense to make the argument about the illegality of the search warrant and to do so in correct legal form.