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Old 09-16-2005, 02:45 PM   #245
taxwonk
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Exclusionary Rule

Quote:
Originally posted by Mmmm, Burger (C.J.)
Sure, but why is it the best way to protect those rights? What if the rule were that any evidence even if seized unlawfully were admissable, but that the cop(s) who obtained it were automatically discharged and put in jail for a year? (and it didn't require a lawsuit by the defendant, but rather just a motion in court) I'll bet you'd have fewer illegal searches that you do now, and you'd put away the criminal.
I couldlive with that in principle. But how do you deal with the notion of sovereign immunity? And how do you recruit cops if they are being thrown in jail all the time?
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