You're going to just listen in and then kill them?
Listen in and then disrupt the plans. That's the idea of intel, as opposed to criminal justice. They're different and the difference matters.
You're going to grab them and torture them, until they tell you what you want?
Nope. Just listen.
OR, your just going to find you're just spying on an innocent person- and you will say "Too bad- made a mistake there- but no harm no foul, since we're not using this for a crime."
Yep. As soon as you discover the mistake, you stop listening and throw away he file. No harm no foul. Remember, you had a warrant.
if you're planning on assassinating people in this country
That's overwrought.
so I support harsh penalties for violations.
Is there a criminal penalty now for failure to get a warrant? All I know about the legal system I learned from police procedurals in book and TV formats, to which I am addicted. I've never seen a criminal penalty against an official.
There was a TV show on the other night, a police procedural, Close to Home, I think. The plot was about a little girl who was kidnapped for ransom, assuming I'm not getting my TV shows and plots mixed up. In any event, they caught the kidnapper but without the missing child. They needed to find the child. So the prosecutor and the mom put their heads together and consciously decided to use a tactic to find the location of the child that would obviate prosecution of the kidnapper. Maybe it was questioning him without his lawyer or some such. I watch so many of thee things that I may have my stories tangled.
Regardless of the details of the TV show, my point is that it either is or could be considered legitimate to use such tactics. There is a trade off and this prosecutor and mom chose to find the child at the risk of losing the prosecution. Were the kidnapper's rights violated? There is a penalty in criminal law against the authorities if they search without a warrant. That penalty is that the evidence cannot be used in prosecution. It seems to me that it is legitimate to choose to take the penalty and proceed knowing you can't use the evidence.
And if that's the case in the criminal arena, it must be so in the intel arena. |
