search and seizure

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Supreme Court OKs Use of Illegally Obtained Evidence

5-4 vote along ideological lines aims to avoid criminals freed on mere technicalities

(Newser) - The Supreme Court today ruled that evidence obtained in violation of the Constitution is admissible in court, Bloomberg reports, in a 5-4 vote along ideological lines. The court ruled that prosecutors could try an Alabama man who was found to be carrying methamphetamine and a pistol when he was accidentally...

Illegal Search Rule Faces New Challenge

US is the only country to automatically reject unlawful evidence

(Newser) - America is the only country in the world where evidence—even a carload of narcotics—is automatically suppressed if the police are found to have acted wrongly in acquiring it, writes the New York Times. Courts in other countries weigh the level of police misconduct with the gravity of the...

Should Cops Swipe DNA Without a Warrant?

Lawyers say it violates privacy rights; cops say they're catching crooks

(Newser) - Police didn’t need a search warrant to get a DNA sample from now-convicted murderer Altemio Sanchez—they just waited until he left a restaurant and confiscated his glass. That kind of sneaky DNA collection is going on across the country, and defense lawyers don’t like it, the New ...

Judge: Parts of Patriot Act Unconstitutional

Revised legislation violates separation of powers, 1st Amendment

(Newser) - The Patriot Act violates the Constitution by allowing unreasonable searches and seizures, violating separation of powers, and denying free speech, a federal judge ruled today in striking down parts of the revised legislation. Judge Victor Marrero said investigators must obtain court approval before ordering ISPs and phone companies to turn...

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