Nash you really do resemble this guy.
I was going to try and respond to your last 3 posts but I'll just do it in one.
The checks and ballances were already alluded to in the article,. There is a whole bunch of lawyers that deal in suing the Police. There are also lawyers that do a very creditable job doing civil rights violation actions. Guess who the recipients of those are.
There are also internal investigations that make a court room look absolutely benign. You won't believe it of course as you have never had any experiance with it. The Officer has no right to remain silent. The Officer can and often IS ordered to answer any or all questions regarding the investigation, including those not pertinant to the investigation at hand. In other words, a fishing expedition. Failure to do so is grounds for severe discipline and or termination. Once that happens the agency then also becomes part of the prosecution, should there be one, and internal records can be used against the Officer.
So lets see there is at least 3 levels of court action, criminal prosecution, civil rights violations and civil suits. Oh and double jeopardy doesn't apply to civil rights violations so you can get that after being found not guilty of the criminal action. Yep you're right there's no court involvement over Police actions.
BTW can you explain this post you made? I am at a loss what the difference is that you were talking about. I do not follow what the distinction is that you are alluding to. You seem to have forgotten to post it.
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Quote from Nash
That's exactly how it should be. There is a distinction between a search without a vaild warrant, and a warranted search badly executed. There have always been situations where evidence is discovered through error. The Supreme Court ruling now invites it, with the understanding now that there are no drawbacks to executing a bad search.
It really is that simple.