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To: Publius Valerius

The exclusionary rule is the only reason there are any teeth left in the 4th Amendment at all. If illegally obtained evidence can be used against us, then for all practical purposes we have no 4th Amendment rights.


48 posted on 01/27/2009 2:41:25 PM PST by Turbopilot (iumop ap!sdn w,I 'aw dlaH)
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To: Turbopilot
If illegally obtained evidence can be used against us, then for all practical purposes we have no 4th Amendment rights.

You could bring civil suits against the state for violation of civil rights. While there's obviously no way to test this, I think that if this approach had been taken, all the dozens of exceptions to the fourth amendment would not exist today.

In terms of policy, I think it is also a good result. Society ensures that the guilty are adequately punished and there is also a significant deterrent to the state not to violate the rights of its citizens.

50 posted on 01/27/2009 3:14:05 PM PST by Publius Valerius
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