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?