Justice/law..

[Lan Barnes]

John Oliver wrote:
> 
> 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.)

What you say is true (Good JohnO came out, and Bad JohnO stayed home ;)

But neither yoy nor Mike have cited a case where a murderer went free
because of a typo on a warrant.

-- 
Lan Barnes                 lbarnes at san.rr.com
Icon Consulting, Inc       858-273-6677

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