joliver at connectnet.com
Tue Jul 10 13:54:40 PDT 2001
Lan Barnes wrote:
> mmarion at miguelito.org wrote:
> > Ah.. but when the evidence shows that they're guilty beyond the shadow of a
> > doubt.. but then the evidence is diallowed due to a technicality that really
> > has nothing to do with it's credibility (like a typo on a warrant, etc) it's
> > not really the same thing.
> Cite a case where a murderer went free because of a typo on a warrant.
> This "people getting off on technicalities" stuff is mostly urban legend.
> Evidence that is the product of illegal searches, on the other hand, needs
> to be excluded, or none of us are safe from the zeal of the police.
There is a certain amount of discretion a judge has to decide how
"material" a technicality may be. Evidence obtained during an illegal
search may be admitted if it can be shown that it would have been
obtained anyway by legal means. A defense attorney can bring up a
misspelling on a warrant, and the judge can decide if it's just a
misspelling or if it's something that may have led to improper action
(similar names, transposed address digits that could have resulted in
the wrong house being searched, etc.)
John Oliver, System Administrator http://www.allegiancetele.com
ConnectNet, an Allegiance Telecom company http://www.connectnet.com
6370 Lusk Blvd. Ste F103 (858) 638-2020
San Diego, CA. 92121 FAX: (858) 623-1505
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