View Poll Results: Should evidence obtained illegally still be used in a trial?

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  • Yes

    4 9.09%
  • No

    40 90.91%
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Thread: illegal evidence

  1. #61
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    Re: illegal evidence

    Quote Originally Posted by Kreton View Post
    Reading another thread on here prompted this question.

    Should evidence obtained illegally still be used in a trial?

    A few things to note. I know what the law currently is so stating that the law is that it is illegal doesn't answer the question. I am asking if you personally think that evidence should be used in the trial.

    For instance if a man is killing someone and video tapes the whole thing. Cops search his house illegally and find the tape. Or anything along those lines. The cops illegal behavior doesn't change that the man committed the crime. So why should it be a factor? Doesn't the victim still deserve justice? Why not keep the evidence, since it is evidence, and instead of allowing a guilty man walk to kill again, instead punish the cop?
    I voted no for two reasons:

    1. No one, including government, should benefit from an illegal act.

    2. I have more to fear from a government beyond the control of the law than I do from a single murderer who will never cross my path.
    "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." William F. Buckley Jr.

  2. #62
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    Re: illegal evidence

    Quote Originally Posted by Superfly View Post
    I vote yes. Evidence is evidence. As long as it's not manufactured evidence, and it still proves the guilt (or innocence) of the person, so it should be able to be used.
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  3. #63
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    Re: illegal evidence

    Quote Originally Posted by LaMidRighter View Post
    Yep, only exception is an open violation. If an officer shows up to serve a noise complaint an you have another crime in plain view then that would be the only exception to the rule.

    EDIT - Plain view, the noise complaint example was one of many.
    I think that exception as well any other conceivable exceptions should be removed. If you search or enter a residence you MUST have a warrant regardless.
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  4. #64
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    Re: illegal evidence

    Quote Originally Posted by Kreton View Post
    The cops illegal behavior doesn't change that the man committed the crime.
    True.

    So why should it be a factor?
    Because we have the 4th amendment and the law enforcement should have a warrant to conduct a search.

    Doesn't the victim still deserve justice?
    Yes the victim deserves justice.But at the same time we do not wipe our ass with the 4th amendment to administer that justice.

    Why not keep the evidence, since it is evidence, and instead of allowing a guilty man walk to kill again,
    Because there will be incentive for law enforcement to violate the 4th amendment if you keep that evidence.


    instead punish the cop?
    I am sure there are some cops who will take one for the team to put away someone he really believes is guilty or is paid to take one for the team in exchange for being punished.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

    Cicero Marcus Tullius

  5. #65
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    Re: illegal evidence

    Quote Originally Posted by Kreton View Post
    Reading another thread on here prompted this question.

    Should evidence obtained illegally still be used in a trial?

    A few things to note. I know what the law currently is so stating that the law is that it is illegal doesn't answer the question. I am asking if you personally think that evidence should be used in the trial.

    For instance if a man is killing someone and video tapes the whole thing. Cops search his house illegally and find the tape. Or anything along those lines. The cops illegal behavior doesn't change that the man committed the crime. So why should it be a factor? Doesn't the victim still deserve justice? Why not keep the evidence, since it is evidence, and instead of allowing a guilty man walk to kill again, instead punish the cop?
    It's not "the law" that makes it paramount the state not be able to do same, it's The Constitution of the United States of America. We either uphold it, or we don't. I've never read one "....unless..." in it. It shouldn't be easy for The State to deprive someone of their life, liberty and happiness, It should be difficult. It must be difficult.

  6. #66
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    Re: illegal evidence

    Quote Originally Posted by Kreton View Post
    There are other ways. Doesn't the victim of the crime deserve justice?
    Why not the correct way stipulated in the Constitution? What reason would there be to justify not following established police procedure and the Constitution?

    What reason would there be for any law enforcement agency to violate a consitutionally protected right?


  7. #67
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    Re: illegal evidence

    Quote Originally Posted by PirateMk1 View Post
    I think that exception as well any other conceivable exceptions should be removed. If you search or enter a residence you MUST have a warrant regardless.
    I actually know a guy who got arrested for simple marijuana possession because he had his stash out on the kitchen table ready to roll, it was in plain view, and when the officer went to serve a minor complaint he saw it with no effort. If that officer would have started poking his head around trying to expand plain view to more than it was ever intended though................contest that evidence.
    Neither side in an argument can find the truth when both make an absolute claim on it.

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  8. #68
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    Re: illegal evidence

    I think it should depend on the charges. Serious charges like murder and other things all evidence should be on the table. No one should get off on that kind of stuff due to technicalities.
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  9. #69
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    Re: illegal evidence

    Quote Originally Posted by mak2 View Post
    I dont know if this will make sense or not, but the way I think about it is... criminals rights are not important at all. Not even a little bit for the criminal, but they are of utmost importance to the rest of us. I dont think rights are meant to protect criminals but to protect the rest of us.
    Makes sense to me.

  10. #70
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    Re: illegal evidence

    Quote Originally Posted by digsbe View Post
    I think it should depend on the charges. Serious charges like murder and other things all evidence should be on the table. No one should get off on that kind of stuff due to technicalities.
    no it should not. The rules are in place to protect everyone. If the government is in clear violation of rights then evidence is thrown out and should be. Now if the police can should they would have eventually found the evidence then it can come back in but acting in violations of the Constitution is a problem.

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