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From: ward@hao.UUCP (Mike Ward)
Newsgroups: net.legal
Subject: Re: Legal Loopholes -- exclusionary rule
Message-ID: <1073@hao.UUCP>
Date: Tue, 17-Jul-84 12:10:08 EDT
Article-I.D.: hao.1073
Posted: Tue Jul 17 12:10:08 1984
Date-Received: Thu, 19-Jul-84 03:10:07 EDT
References: <1203@sdcrdcf.UUCP>
Organization: High Altitude Obs./NCAR, Boulder CO
Lines: 36

[]
> The original justification for the exclusionary rule, (as I understand
> it), is to protect a person's freedom from "Illegal search and seizure",
> guaranteed by the U. S. Constitution.  

The justification for the exclusionary rule is not to protect "a" person's
freedom, but to protect the freedom of all of us.  The idea being that
if bustin in and rippin off whatever could be found did no good, then maybe
the police would show some restraint.  The people who are supposedly being
protected by the exclusionary rule are not the criminals (whoever that
may be - lord knows *I've* never broken any law, ever) but us good guys.

Of course in these days when innocent people are rousted by the midnight
marauders (oh, excuse us maam, wrong address - just put your thumbprint
hear, take off all your clothes and we'll have you out on bail in just
a few hours) and the guilty going free (Elisabeth Manning kills her son
and gets off because, in order to find the kid's body they had to question
her illegally), it's not working out that way.  We've got the worst of
it both ways.

One is tempted to believe that the cops don't really care whether their
actions result in a conviction, that they jsut like to kick ass.
If this is the case then the whole basis for the exclusionary rule
is invalid, and the only recourse for us good guys is the courts.

Of course there are problems there, too.  The laws being what they are,
it is very difficult to get a judgement against the police, no matter how
flagrant the violations.

What year is this?
-- 
Michael Ward, NCAR/SCD
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