I'm tracking, but where is the line drawn? Capital crime evidence (the body you mention)? Drugs found during a kiddie porn raid (or vice versa)? You live in NY and a verboten, dreaded "assault weapon" is found while searching for drugs?
I'm not sure where to draw the line but it HAS to be drawn somewhere, and cops don't need to define that point. The "fruit of the forbidden tree" comes to mind, and reluctantly I say yes, throw out the body evidence. You can use it as the
genesis for a murder investigation but that evidence has to be thrown out. Sorry. If it's not then fishing expeditions (like exist now with warrants) are gonna continue. Yeah, I feel that strongly about it.....
ETA---after some thought I
might allow exceptions for capital crimes, namely murder. NOTHING else, and I mean absolutely nothing. Of course then some homicide detective will fudge PC to say he is looking for drugs when he has no other evidence (other than a hunch) that the subject committed a murder. See, I'm already doubting my change of heart!
Bookmarks