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From: mark@elsie.UUCP
Newsgroups: net.legal
Subject: Re: Legal Loopholes -- exclusionary rule
Message-ID: <1077@elsie.UUCP>
Date: Sat, 14-Jul-84 05:40:55 EDT
Article-I.D.: elsie.1077
Posted: Sat Jul 14 05:40:55 1984
Date-Received: Mon, 16-Jul-84 05:15:07 EDT
References: <426@teldata.UUCP>
Organization: NIH-LEC, Bethesda, MD
Lines: 18

<>
Unfortunately, the only effective means of keeping the police from gathering
or manufacturing evidence illegally it to exclude it from the trial.
Suggestions that police should be prosecuted for their "crimes" will not
work because: (a) the police won't arrest; (b) the DA won't prosecute;
and (c) often there's no criminal statute that deals with the "crime". For
example, there's nothing illegal (usually) about obtaining an improper
search warrant, even if its done on purpose.

In any event, the Nixon/Reagan court seems determined to gut the
exclusionary rule, and in the next few years we'll probably see some true
outrages. I wonder how much damage will be done in the process.

-- 
Mark J. Miller
NIH/NCI/DCE/LEC
UUCP:	decvax!harpo!seismo!umcp-cs!elsie!mark
Phone:	(301) 496-5688