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Peeping Tom teacher's videos inadmissable...


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http://www.10tv.com/live/content/local/stories/2011/08/05/story-columbus-dibble-supreme-court.html?sid=102

Basically, a guy is accused of secretly filming girls in a dressing room. The police went to a judge asking for a warrant to search for the videos, but they knew a judge would never sign a warrant on a he-said-she-said, so they added a second "victim" to the warrant request. The second "victim" was not a victim and they knew it, but needed two "victims" to get a warrant.

Judge signed warrant, evidence found.

Judge finds out that second "victim" was fabricated, overturns the warrant on the grounds that the guy's constitutional rights against unreasonable search were violated by the false-pretense warrant and throws out all the evidence they collected. Basically the case is dead, and the guy goes free.

Thoughts?

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The search was based upon a warrant obtained in bad faith. This is a violation of the constitution. If we allow the evidence found in an unlawful search to stand then we ALL lose some of the protection from unlawful searches.

I'd rather see the guilty go free than live in a country where the police can search anyone any time with no rules because they know then can get away with it.

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The search was based upon a warrant obtained in bad faith. This is a violation of the constitution. If we allow the evidence found in an unlawful search to stand then we ALL lose some of the protection from unlawful searches.

I'd rather see the guilty go free than live in a country where the police can search anyone any time with no rules because they know then can get away with it.

^^^ :werd:

While I find the man's behavior detestable, the application of the law (via the court) was correct.

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