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. #71
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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?
    My question is simple, ... why didn't the cops search it legally? Clearly if they are searching to the extent that they are watching videos for content, then seems they had enough suspicion about something that they should've been able to set up a legal search.
    jallman: "It's all good. At least you have a thick skin and can take being poked fun back at without crying. "

  2. #72
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    Re: illegal evidence

    Quote Originally Posted by LaMidRighter View Post
    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.
    This was over 25 years ago when I shared a house with two other guys. All of us were in our early 20s.

    I was home alone one day. A police officer comes to the door. He's seeking any information he can get regarding a burglary a few doors down. There's a bong sitting on an end table right next to the door. He had to have seen it.

    I was very polite and cooperative, though I had nothing to contribute, as I'm a very quiet keep-my-curtains-closed type of person to begin with. The officer thanked me for my time, and we wished each other a nice day and he left.

    Later, I read my roommates the riot act. Explained what had happened... and what could have happened. They were cool about it, and we all agreed to put stuff away out of view when we were done.

    Still amazes me to this day that he didn't see it... though I think he did and just didn't feel the need to do anything about it as that wasn't his purpose at the moment, and we had never had a complaint against us, and so on.
    If you claim sexual harassment to be wrong, yet you defend anyone on your side for any reason,
    then you are a hypocrite and everything you say on the matter is just babble.

  3. #73
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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.
    It is a helpful and reasonable exception for when the police see someone being harmed. People engaged in harmless illegal and those who believe in maintaining a right to privacy should never open their door all the way when talking to cops. That requires being assertive sometimes since they will often stroll right into your home if you let them.
    Last edited by Hard Truth; 04-19-14 at 05:39 PM.

  4. #74
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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 can't quite go that far. But, I don't think we should be allowing them to essentially give boilerplate justifications when they do act questionably as we do now. Simply saying "I smelled marijuana and heard a toilet flush", especially for just about every instance, isn't good enough.
    If you claim sexual harassment to be wrong, yet you defend anyone on your side for any reason,
    then you are a hypocrite and everything you say on the matter is just babble.

  5. #75
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    Re: illegal evidence

    Quote Originally Posted by radcen View Post
    This was over 25 years ago when I shared a house with two other guys. All of us were in our early 20s.

    I was home alone one day. A police officer comes to the door. He's seeking any information he can get regarding a burglary a few doors down. There's a bong sitting on an end table right next to the door. He had to have seen it.

    I was very polite and cooperative, though I had nothing to contribute, as I'm a very quiet keep-my-curtains-closed type of person to begin with. The officer thanked me for my time, and we wished each other a nice day and he left.

    Later, I read my roommates the riot act. Explained what had happened... and what could have happened. They were cool about it, and we all agreed to put stuff away out of view when we were done.

    Still amazes me to this day that he didn't see it... though I think he did and just didn't feel the need to do anything about it as that wasn't his purpose at the moment, and we had never had a complaint against us, and so on.
    The officer probably figured that a bong wasn't worth diverting attention from the burglary, which was cool on his part.
    Neither side in an argument can find the truth when both make an absolute claim on it.

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  6. #76
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    Re: illegal evidence

    Quote Originally Posted by MaggieD View Post
    I've never read one "....unless..." in it.
    I'll double down on that.

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