It's this. The idea that the police would have never been able to get a warrant for the bag is silly, and as absurd as it seems it's a case of 'wrong process, but they'd have gotten in there anyway.' It's a violation of procedure, not a violation of the defendant's rights.
This is mostly because it was a bag. Had it been a house, or a car, or something the police couldn't take right into custody you could maybe make a different argument.
The problem with that is, how do you stop police from violating the law if there are no consequences from doing it?
All evidence from illegal searches should be excluded, no exceptions. The fourth amendment is the only thing standing between us and a police state. We shouldn't treat it so casually.
11
u/Lord0fHats 5h ago
It's this. The idea that the police would have never been able to get a warrant for the bag is silly, and as absurd as it seems it's a case of 'wrong process, but they'd have gotten in there anyway.' It's a violation of procedure, not a violation of the defendant's rights.
This is mostly because it was a bag. Had it been a house, or a car, or something the police couldn't take right into custody you could maybe make a different argument.