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Océane @oceane@peculiar.florist
2y
C'est moi ou mon flux RSS est en mode full Leroy Jenkins ? www.techdirt.com/2023/12/18/eighth-circuit-when-pretty-much-every-judge-thinks-your-warrant-is-bad-good-faith-aint-gonna-save-it/

(Je n'en suis qu'à l'intro)
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Océane @oceane@peculiar.florist
2y
Warrants that are short on things required by the Fourth Amendment — probable cause, specificity, the correct address, solid affidavits — are often given a free pass because law enforcement has plenty of options when it comes to sneaking around the edges of the Constitution.

In some cases, the excuses are pretty much just this: “Hey, maybe we didn’t even need a warrant!” Those excuses include exigent circumstances (“no time to get a good warrant!”), plain view (“hey, we just saw the stuff right out in the open!”), community caretaking (“we cared so much about this person’s health we arrested/killed them!”), and any number of other exceptions (vehicle exception, officer safety, border security).

Then there’s something called “good faith,” a defense offered almost exclusively in hopes of excusing officers who acted in bad faith. That theory is basically this: “Well, we had a piece of paper with a judge’s signature on it.”
Je suis stressée et c'est mauvais pour mon cœur
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