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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: JohnM who wrote (21318)6/17/2006 10:12:52 AM
From: Lane3  Read Replies (1) | Respond to of 541776
 
and my point with the sweeping possibilities of the loss of the exclusionary rule.

Removal of the expectation of a knock doesn't remove the requirement to announce--the occupants will still know that the cops are coming--so it doesn't in any meaningful way cut into the exclusionary rule. If you don't let them know you're coming, you still forfeit your evidence under the exclusionary rule. There's nothing even remotely sweeping about that. It's just a design change with no practical impact on the requirement, which is notification. No one has yet given me a clue how it's meaningful. Simply repeating your assertion that it's a sweeping change to the exclusionary rule without explaining why doesn't tell me anything useful.



To: JohnM who wrote (21318)6/17/2006 11:12:55 AM
From: Ilaine  Read Replies (1) | Respond to of 541776
 
Don't address Miranda on its face; just throw away the penalty if police don't Mirandize.

Yep. Which is disingenuous but gets him where he wants to go.