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