Reply to post: Re: What about me then?

Hey, cop! You need a warrant to stalk a phone with a Stingray – judge

Steve Hersey

Re: What about me then?

On the other hand letting a criminal off when they've clearly done something wrong..........

The US Constitution operates on the principle that incorrectly releasing the guilty is preferable to incorrectly jailing the innocent. That's the theory, anyway.

The point of letting the crim walk away if the evidence was improperly obtained is that if you allow the use of improper evidence, then the whole due-process principle just became unenforceable, and we're right back to forced confessions under torture, faked evidence, and all the other abuses the due-process clause was intended to prevent.

It's a harsh punishment of the cops to toss out their case, true, but the alternative was held to be a worse price to pay.

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