On Fri, Jun 21, 2013 at 11:19 AM, Owen DeLong <owen () delong com> wrote:
On Jun 21, 2013, at 5:10 PM, Phil Fagan <philfagan () gmail com> wrote:
I would think this is only an issue if they throw out the Fourth in
they use that data collected "inadvertantly" to build a case a against
they use no other data collected under a proper warrant.
That statement ignores a longstanding legal principle known as "fruit of
the poison tree".
In spite of what you may have seen on TV, law enforcement is not
required to ignore evidence of a crime which turns up during a lawful
search merely because it's evidence of a different crime. Fruit of the
poisonous tree applies when the original search for whatever it was
they were originally looking for is unlawful. Supposedly the FISA
court found the NSA's troll for terrorists to be lawful. Once that's
true, evidence of any crime may be lawfully introduced in court.
For a fun read, check out the Ilustrated Guide to Criminal Law:
William D. Herrin ................ herrin () dirtside com bill () herrin us
3005 Crane Dr. ...................... Web: <http://bill.herrin.us/>
Falls Church, VA 22042-3004