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

To: TimF who wrote (21403)	6/19/2006 12:59:25 PM
From: Ilaine	Read Replies (1) \| Respond to of 541743

I wasn't mentioning Lenny Bruce in the contest of the 4th Amendment, that's a 1st Amendment case. With respect to the 4th Amendment, the Constitution requires a search warrant issued with probable cause before a search can be legal, but doesn't specify the penalities if this requirement is violated. You apparently assume that violations of the Constitution should not be penalized because there are no penalties specified? The exclusionary rule is a judge-made rule but it's completely consistent with the Constitutional framework. There are plenty of judge-made rules in Constitutional law, that's the way courts work in common law jurisdictions.