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Not moot? [Was Re: The question is moot: (Was: Not crypto, but scary.)]
I was under the impression that the House bill would change the status
quo in one important respect: under Leon and similar cases, the "good
faith" exception only applies when a judge or magistrate has issued a
warrant which turns out not to be valid. Under the House bill, this
erosion of the exclusionary rule is extended to warrantless searches
(presumably including electronic searches) made in "good faith". Since
knowledge of what the Constitution requires can destroy good faith, the
changes likely to be made in police procedure manuals and curricula are
left as an exercise for the reader.
OBCrypto: Buy shares in commercial crypto suppliers now. Demand should
be going up.
A.Michael Froomkin | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
U.Miami Law School | [email protected]
PO Box 248087 |
Coral Gables, FL 33146 USA | It's barely warm here.