So what part of "shall not be violated, and no Warrant shall issue, but upon probable cause,…" do these people not understand. A CI's comment is not probable cause. It's not even reasonable suspicion, since the CI's being paid.
He's probably working a plea deal by informing on others. I can't believe that a judge allowed that. Must be a recent appointee from the current administration.
UK law accepts illegally obtained evidence in some circumstances (correction welcome). But then there has to be follow up against the illegal action. All US law, as I understand it, allows no exceptions, no illegally gathered evidence can be presented or used in court. Both approaches have merits.
If there is to be rule of law, even bad law must be followed, and, there must be mechanisms for bad law to changed. If police, can disregard law when there is a friendly judge, it is a downhill slope to anarchy and a police state.
Texas is a lot like Taxachusetts: you cannot swing a dead cat without hitting a crony capitalist. Sure, they hate LIBERAL causes like a woman's right to terminate pregnancy, but the state legislature and courts never found a reason NOT to interfere in someone else's life. Texas has a lot going for it, but in terms of empirical evidence and logical consistency versus I have power over you, we are like 51% real and 49% socialist.
My son moved to Austin this summer. I told him to open his eyes and watch what goes on. They just had SXSW this past week with ~100 open carry participants. Last year the TSA was there. Times are going to get interesting!
All US law, as I understand it, allows no exceptions, no illegally gathered evidence can be presented or used in court.
Both approaches have merits.
If there is to be rule of law, even bad law must be followed, and, there must be mechanisms for bad law to changed.
If police, can disregard law when there is a friendly judge, it is a downhill slope to anarchy and a police state.