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by mark212
4469 days ago
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doesn't matter. In a criminal prosecution, relevant evidence is only excluded if it was obtained by the government breaking the law -- not a private party. The exclusionary rule's entire justification is to chill over-zealous police, not private persons. Whether the defendant has a separate civil claim against the violator is a different question, but it has no bearing on the admissibility of the evidence in the criminal prosecution. |
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