how do folks feel though in cases like this when it is revealed he had child porn on his phone, but cant do anything because the search wasnt legal.....
Either you want to live in a police state, where they can catch most of the criminals (along with lots of innocent people too), or you want to have liberty, in which case some criminals are going to get away with it.
There isn’t a third option.
Probable Cause.
Someone’s opinion is NOT Probably Cause.
Our system is built under the assumption it’s better to let the guilty go free than imprison the innocent. It was a bad search, it wasn’t even a legit traffic stop, much less cause to start checking his phone.
The protection of the integrity of the law trumps any individual case.
This has been the law for a long time. Sucks in this case, but, without it the police could go on a fishing expedition until they find something totally unrelated to the initial offense. This is a good law.
how do folks feel though in cases like this when it is revealed he had child porn on his phone,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Where does it say he had child porn on his phone?
I have “pictures of underage girls” in my wallet, nothing porn about them, they are my grandes/.
Nothing was said of child porn but of under age girls. I’ve got LOTS of pictures of underage girls on my phone! They’re my daughters!
If YOU had these same pictures n your phone it would be fine by me but I would not be surprised if someone with a badge were to try to frame them as ‘suspicious’ just so they could justify abusing you.