Make illegally obtained evidence legally permissible in court, but make everyone involved with obtaining it get the same sentence that the accused would get
Posted by uvmn@reddit | CrazyIdeas | View on Reddit | 31 comments
Regardless of whether or not the accused is found guilty or innocent. This should still discourage illegally obtaining evidence in most cases. If a leo truly believes that someone should be behind bars that they would be willing to drag themselves into jail as well then they can. If they're wrong they still pay the price.
ludba2002@reddit
Practically speaking, how would we find out about the illegally-obtained evidence in this system?
In the current system, a defense lawyer brings up that evidence was obtained illegally in order to get the evidence thrown out. In your system, what incentive does anyone have to bring up that it was obtained illegally? The defense lawyer whose client no longer benefits from bringing it up? The prosecutors who work with law enforcement to secure convictions? Some third party who just wants to see a cop go to jail?
In your system as described, there's no mechanism for anyone to even identify the evidence was illegally obtained.
Help-Im-Dead@reddit
If you made it that 3rd parties got the police officers assets and pension as a reward they would be plenty motivated......
Help-Im-Dead@reddit
Could you imagine the chaos
NoodleyP@reddit
There is a reason to bring it up and to admit it still.
Either one can admit it, hope not to get caught, and withdraw it if they do, or they can keep it admitted, sacrificing their own freedom to ensure that someone is brought down.
ludba2002@reddit
I think i see what you mean. You believe cops break the law to get evidence because they want to do good in the world. But in this reality we live in, cops break the law because they believe the law doesn't apply to them.
Watch any YouTube video of a cop arresting someone without probable cause. Or cops telling people they can't film them. Or cops regularly misapplying the law. It's not a mistake. It's weaponized incompetence.
Or read about cops who murder other cops for rooting out corruption. Take 10 minutes and disabuse yourself of this myth that good cops break the rules to get the job done. There's no Dirty Harry's out there. I know it seems like a romantic idea, but it's just a lie.
NoodleyP@reddit
I’m full support of ACAB.
This is r/CrazyIdeas though so I was answering in the spirit of the community and post
Davy257@reddit
Maybe the hope is that the prosecutors would withdraw the evidence? Not sure how that’s really any better than illegal evidence getting thrown out
echo20143@reddit
Why would anyone withdraw admissible evidence?
dontich@reddit
Because they don’t want to go to jail?
uvmn@reddit (OP)
Hmm I see what you mean, I guess I'm banking on the fear of repercussions to keep things in line but maybe that's not enough.
Reward officers that snitch on others obtaining evidence illegally with retirement. Retirement turns to jail for you if you are found to have framed others for it. Person that found out gets retirement, those falsely imprisoned get it too. Sure this might also be exploited for free retirement but you need a cop willing to send themselves to jail on another's account and there's always the risk of losing it if someone decides to investigate you
DakotaBro2025@reddit
I think you perceive illegally obtained evidence to be a much larger problem than it actually is.
uvmn@reddit (OP)
You misunderstand, this makes obtaining evidence illegally an option at a price
Suspicious-Deer4056@reddit
Its already an option...evidence obtained illegally isnt automatically thrown out. The prosecution can argue that the police would eventually have found the evidence anyway, and if the judge buys it the evidence is admissible
Kyanovp1@reddit
because it’s illegal to use… we wanna make it legal to use however at a cost. survivorship bias
DakotaBro2025@reddit
I guess what I'm saying is that the reason most evidence would be illegal is that it was seized without a warrant. If it was seized without a warrant, a judge found no probable cause to seize it. If a judge found no probably cause to seize it, that's because it's probably not very relevant to the investigation.
Longjumping-Box5691@reddit
Is the illegally obtained evidence in the room with us now?
This_is_a_bad_plan@reddit
>Arrest politically inconvenient people on fabricated charges
>Convict them based on falsified evidence
>Pardon the cops/DA
>Rinse and repeat
Yeah, this idea is crazy
uvmn@reddit (OP)
Make it unpardonable, ez
GarageIndependent114@reddit
IMHO, evidence obtained by laypeople without permission should be considered permissable as evidence in court to clear someone's name in an existing court case or arrest.
Unless it's being used as entrapment, by the authorities or vigilante types, or to arrest someone for a passive crime after the fact, it's also possible that it should be considered permissable to arrest someone in specific circumstances, eg. You should be able to arrest someone who beats their children up by using a secret camera or use it to solve a murder case.
But I don't think it should be used to snitch on people, like, it shouldn't be used for crimes committed ages ago or whatever people have on their own computers.
Varjek@reddit
I know this is r/crazyideas, but this is fully stupid.
As an example, a mistake on a warrant may invalidate any evidence obtained via that warrant, and then invalidate any evidence that is obtained as a result of the evidence obtained via that warrant, and so on. That is more than adequate because it favors the defendant even when the improperly obtained evidence is otherwise demonstrably true. Cases get tossed when this happens and a guilty person goes free because of an administrative mistake. This is our current system.
But to sentence a cop for a felony burglary, for example, because s/he incorrectly applied the search warrant by going into a room and finding evidence of the crime but the room on the search warrant was the bedroom next door… meaning the room with the evidence wasn’t expressly listed on the warrant - well, an administrative/execution error should not get the same punishment as the underlying burglary. Just exclude the evidence and probably toss the case like we already do.
And if there’s a case for the cop doing something illegal - such as lying on the warrant application vs. an honest mistake on the warrant application - there is already a crime that covers that and the cop can be sentenced for the crime they committed… not a crime someone else committed.
No sane person would take employment as a cop if your crazy idea was implemented. We’d only have the most reckless, most foolhardy, and least responsible people serving as cops. Perhaps that is your intent, though, to create chaos in our society.
Things are bad enough as they are - let’s not make them worse!
6ftonalt@reddit
... So cops would be exactly the same?
Varjek@reddit
In this foolish crazy idea, yes. That is how I understand this OPs post. Except whether the person was found guilty or innocent of the burglary, all cops involved would still get sentenced for burglary if they made a mistake during the investigation. Total nonsense.
Thedeadnite@reddit
No, they’d only go to jail if they then used the illegally obtained evidence in the case to persecute the original perpetrator. If they didn’t use the illegal evidence then nothing would happen.
Varjek@reddit
Still dumb.
Thedeadnite@reddit
Yeah but this would be used to lock away people like Al Capone, Epstein, and other highly notorious people who are great at avoiding prosecution. There would be people willing to get locked up to stop those individuals.
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uvmn@reddit (OP)
Rule only applies if it's used in a court setting
Varjek@reddit
Good clarification. Still hate it. :)
Visible_Pair3017@reddit
ToSAhri@reddit
Are you crazy?! Oh...wait
I updoot.