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darawk | 10 months ago
The defendants rights were violated, but there is no doubt about the legitimacy of the data, and what it implies. Police now know they cannot use this method in the future, so suppressing the evidence in this particular case does not disincentivize anything, as long as its made clear that it cannot be done in the future.
everforward|10 months ago
It disincentivizes constitutional crapshoots where they throw stuff at the wall and see what sticks. It incentivizes using already known-good techniques where possible.
“This method” is also frequently scoped very narrowly. Next time they can get the data from a slightly different place, and it’s suddenly a new case. Or they filter the time or device info slightly differently. There are a bajillion permutations one could argue about in good faith.
djrj477dhsnv|10 months ago
In those cases, suppressing the evidence would go a long way to disincentivize actions the police know are likely unconstitutional but there's enough uncertainty for plausible deniability.
genevra|10 months ago
I wish I had as much confidence in a finger wag as you do but unfortunately I think it'll work more like Pavlov.