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by qingcharles 866 days ago
Just to note that prosecutors are not absolutely immune in all cases. They can be qualified immune, like officers.

For instance, in my case the prosecutor's office acted as law enforcement, e.g. they conducted investigations and conducted an arrest and executed a search warrant. In those cases, when they are acting in a nonprosecutorial role, and in a law enforcement role, they are definitely only qualified immune.

In Illinois it was ruled that prosecutors creating their own quasi-police departments is no longer legal. The advantage for the prosecutors was that they could bypass 99% of the laws and regulations that apply to police because they don't fit the statutory or regulatory definition of a police force.

Edit: Also to note, the CFAA has exemptions carved for law enforcement to do things that are criminal if done by the public:

https://www.law.cornell.edu/uscode/text/18/1030

"(f)This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States."