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by isomel 1588 days ago
> Imagine becoming a felon because the police searched your phone and found a discussion between you and your friend about buying LSD, and discovering that the legal basis for that search was that your phone was in the vicinity of a crime scene a couple of years ago.

I fail to understand what's wrong with that. If you did commit a felony, should you not be prosecuted for it regardless on how it came to light?

(Now there is the question whether buying LSD should really be a felony, but that's a different problem entirely)

1 comments

No it is the same problem

Overcriminlization of society leads to people using this defense for more and more drag net style surveillance in order to "catch the criminals"

It has been studied and there is a good case to be made that the average person commits 3 felonies a day, there is no single person in the nation that know every single law, regulation, or ordinance one must follow, and some are written in such away criminal defense lawyers call them "catchall" felonies that are specifically designed for plea agreements, to get people to plead out to a "lesser" offense just so the felony would go away

Since the 90's we have expanded the number of "crimes" that classify as felony as well, when most people think about "felony" they think about violence, this is far from the case today when there are TONS and TONS of non-violence offenses that are classified as felonies.

Beyond drug laws, there are all manner of federal and state regulations that can be a felony