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Here's a hypothetical, about search warrants, finding evidence of a crime, and judicial rulings [1]
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Date: 2022-09-07
Okay — try this.
The police have credible evidence that there is reason to suspect they can find evidence of criminal activity at a certain residence.
The suspect has even voluntarily provided evidence of having things it is illegal for him to possess by handing some of them over — while swearing there is nothing else to be found.
The police have evidence that is not the case. The evidence is good enough to convince a judge to issue a warrant.
The police search the premises — and surprise, surprise — they find material that should NOT be there. They remove it, along with some innocent personal items mixed in with it, which they are careful to separate out and offer to return.
Imagine this scenario, and for the material the police found, imagine the material was something like several hundred pounds of cocaine or a collection of child porn.
Now, picture how this would work out for most people in this situation, and then compare with this outcome.
The suspect goes to court demanding the return of the material seized by the police, material it is illegal for him to possess. He argues it’s his property and they have to prove it’s criminal for him to have it — which he says it isn’t.
Meanwhile he’s busy raising money from people who think he’s getting a raw deal, and threatening violence because he’s the victim here.
The judge — who was appointed by the suspect — rules the police can’t do anything with the evidence until a third party has examined all of it, and the matter has to be handled with extreme care because it would do great harm to the reputation of the suspect to be charged with a crime.
Now ask if there is something about this picture that does not make any sense….
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