This is pretty messed up..

Started by cdtm1 pages

This is pretty messed up..

https://www.quora.com/?digest_story=41546051

If a person broke into a home and found evidence of a different crime and reported it to the cops, would they be able to use the evidence?


Jim Doherty, Police Officer for 20+ Years, Serving at Local, State, & Federal Level
If he called in anonymously, then probably no, because you wouldn’t be giving them enough information to constitute probable cause.

If he went to the police personally, identified himself, and made a clean breast of everything, then, probably yes, because the information given in that case, with him coming clean, would be credible and thus constitute probable cause.

If he took the incriminating evidence and sent it to the police, with an anonymous explanation, then yes. Again, the evidence would be credible, and the cops wouldn’t have done anything illegal to get it.

The key isn’t that the search was illegal, but that neither law enforcement, nor someone directed by law enforcement, took the illegal action.

The purpose of the exclusionary rule is curb misconduct by law enforcement. In the case of an independent burglar discovering evidence while committing a crime, the cops aren’t guilty of any misconduct.

Wow.

Think cops would abuse this loophole?

They bribe prostitutes to give false witness against a murder suspect. Why not pay someone to snoop around a home?

The link just takes me to a log in page.

Anyways, I suppose the cops could abuse it, but only corrupt cops would go that. So with that in mind, there would be easier ways that do not involving hiring a criminal from outside the police department to get this evidence. If they want to search a house and a cop is willing to break the law...couldn't they just lie and say they saw or heard something while outside the house and thus went in under that pretense to investigate?

Here is my question: what if a cop did abuse this rule, and he did it in order to gain evidence to catch someone who had committed murder?

Think cops would abuse this loophole?

Not as many as you're implying.

They bribe prostitutes to give false witness against a murder suspect.

Not all of them.

Why not pay someone to snoop around a home?

Because not all police are corrupt.

Originally posted by cdtm
https://www.quora.com/?digest_story=41546051

Wow.

Think cops would abuse this loophole?

They bribe prostitutes to give false witness against a murder suspect. Why not pay someone to snoop around a home?


I've actually heard of that exact thing happening. A couple of guys broke into a house and stole a computer. When they got it back and turned it on there was a bunch of child porn on it. So they turned it and themselves into the polce station, they ot off on probation for coming forward and the guy went to prison.

Originally posted by riv6672
Not as many as you're implying.

Not all of them.

Because not all police are corrupt.

I actually agree with everything you're saying. 👆

I wasn't trying to imply all, or even most police, are corrupt.

I believe all proceedure's are designed specifically for the margin's, though. The whole "warrent" thing is based around the fear that someone, somewhere, will make shite up.

My bad, you came across as 'blanket statement-ing slash cops are evil'.