Justice/law..

[John Oliver]

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.)

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