Quote:
Originally posted by john_cramer
I just read all the opinions and I think all the Justices made excellent arguments in this one. I am a firm believer in the "behavior-modification" effect of the Exclusionary Rule (which arises out of a number of cases, most notably Weeks in 1914, which acts to supress any evidence attained by unlawful methods which implicate the Defendant's Fourth Amendment Rights) insofar as if LEO's in the field know that to have the hope of a conviction they've got to follow constitutionally permissible procedures for executing search warrants.
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I challenge you on this. If there is no penalty for the LEO (except the _defendant_ goes free), then you will not change the behavior of the LEO.
I would prefer to let any evidence be presented that has been collected. After all, it is "truth". But, then that same evidence will be used to convict the LEO for breaking the law.
How many LEOs will collect illegal evidence if it means they will go to jail themselves?
Set the measurements to drive the right behavior.