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)
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.Je suis stressée et c'est mauvais pour mon cœur
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.”