Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10.1 6/24/83; site loral.UUCP Path: utzoo!watmath!clyde!burl!ulysses!mhuxl!houxm!hogpc!houti!ariel!vax135!cornell!uw-beaver!tektronix!hplabs!sdcrdcf!sdcsvax!sdccs6!loral!simard From: simard@loral.UUCP Newsgroups: net.legal Subject: Re: Legal Loopholes -- exclusionary rule Message-ID: <301@loral.UUCP> Date: Wed, 25-Jul-84 16:31:54 EDT Article-I.D.: loral.301 Posted: Wed Jul 25 16:31:54 1984 Date-Received: Sat, 28-Jul-84 21:01:11 EDT References: <426@teldata.UUCP>, <1077@elsie.UUCP> Organization: Loral Instrumentation, San Diego, CA Lines: 40 [Do not write in this space] >Unfortunately, the only effective means of keeping the police from gathering >or manufacturing evidence illegally it to exclude it from the trial. Gathering evidence is a very different from manufacturing it. The exclusionary rule is unimportant in the case of manufactured evidence. That is called perjury (and perhaps other things, depending on circumstances). Therefore, to stay on track, this discussion involves only the gathering of factual, valid evidence by possibly illegal means. >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. c) first: if the statutes don't exist, then that's where the problem should be addressed, not (mis)using the exclusionary rule to end run around it. a) and b) I unfortunately don't have any great statistical base handy at the moment, but my recollection of recent news items shows quite a number of police investigations and several highly visible trials of police officers for events in the line of duty. >In any event, the Nixon/Reagan court seems determined to gut the >exclusionary rule. Lunchmeat. For far too long, the citizens of this country have been denied justice and equal protection under law because someone forgot to dot an 'i' or cross a 't'. This is only a move back to a reasonable balance between the rights of defendants and those of victims and citizens. -- Ray Simard Loral Instrumentation, San Diego {ucbvax, ittvax!dcdwest}!sdcsvax!sdccsu3!loral!simard