[unnouinceput]

This article sounds like FBI and/or Internal Affairs should be involved into investigating State Farm and their paid prosecutors/policemen. Anybody knows anything or is too early? Or maybe nothing will happen due to too much money poured into right pockets?

[writepub]

Laws with inherent conflicts of interest are supposedly unconstitutional. Can any lawyer comment on this? Can we have the ACLU challenge these in court?

[jkaplowitz]

Such laws are generally unethical, I'd agree with that, but what rule of the constitution do they supposedly violate?

[ceejayoz]

The use of privately gathered evidence intended to be handed over to law enforcement may violate the Fourth Amendment via the exclusionary rule.

That insurance customers are contractually obligated to assist the insurer with investigations may violate the Fifth if that contract is being abused in this way, as well.

https://en.wikipedia.org/wiki/Exclusionary_rule

[SilasX]

Yes, when third parties start acting under the direction of the police, they become the police in the eyes of the constitution, with the same restrictions.

That has nothing to do with the GGP’s strange claim that there’s some general constitutional prohibition against laws with “an inherent conflict of interest”.