Karmaa
CASA Advocate
- Joined
- Jun 21, 2011
- Messages
- 582
- Reaction score
- 2
You really think LE would risk ruining a case by making up a false positive?
Absolutely not! But you have to understand that IF this was done the way I theorized, there is no chance that the case would be ruined. NONE.
The supreme court has consistently held that during the INVESTIGATIVE part of a case, LE is not required to be 100% honest. They are only restricted from coercing. In cases where Search warrants were illegally obtained, the court has held that any evidence found is usable. It is specifically not considered fruit of the poisoned tree. (it's more complicated than that, and there are exceptions, but I am giving you the short and sweet version.)
There is NO WAY to prove if this was done, unless the handler were to come out and say that they did it. Canines can have false positives. There would be no way to prove that the handler didn't somehow coach the dog to hit, and there would be no way to prove that LE wanted it done. The only danger would be id LE did it too often, but the exact situation that would suggest this trick doesn't come up too often.
Note: I am NOT saying this is how it was done. I am NOT saying that dog handlers are unethical. I am not saying that LE is bad (even if they did this). I am just pointing out why it would be completely riskless to the integrity of the case.