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    (Original post by ChemistBoy)
    The search is illegal. Full stop. What do you think would happen if the police were allowed to submit evidence found in illegal searches? Restrains on police powers are there for reasons: 1) to protect the privacy of the individual 2) to reduce the risk of police corruption, amongst others.
    I agree alot more with point 1 then 2.
    I however agree. An illegal search should lead to the officer being disciplined, not the evidence found being inadmissible. After all, the only difference between the two searches is that one has a piece of paper granted by a magistrate (having simply been told why they want to search)
    j
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    But the idea that there is judicial discretion on admission of evidence means that the judges can discriminate on the facts concerned on how evidence was acquired.
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    (Original post by IHavePMS)
    I agree with this. Or we'd end up with the police abusing their powers and turning up at every doorstep expecting to find some form of evidence to a crime AND be able to justify themselves.
    Isn't that the same reason why cases are thrown out of court because the evidence was not legally sought?

    I'm sure there was a story quite recently where police tapped a phone to get information on a drugs rings, and the case fell apart as the evidence was not legal.
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    (Original post by randdom)
    If the police conduct an illegal search of a persons property and find conclusive evidence that prooves that this person committed the crime eg a blood stained knife should it be admissable in court? I know it isn't at the moment but I think that it should be. Because if this evidence prooves that the person commited the crime then surely they should be punished for it, they shouldn't be allowed to get off on a technacality. I think that the policeman/women who conducts the illegal search should be punished but I don't think that the victim should be failed because of their mistake.

    What does everyone think?
    Who is to say that the police didn't plant the evidence? Bloody pigs.
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    (Original post by Bhaal85)
    Who is to say that the police didn't plant the evidence? Bloody pigs.
    Fabricated evidence has serious implications for the police and I believe this is a good thing. It sures that they, too, are under the law.
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    (Original post by Bhaal85)
    Who is to say that the police didn't plant the evidence? Bloody pigs.
    That could happen with or without a search warrent.
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    (Original post by NDGAARONDI)
    Fabricated evidence has serious implications for the police and I believe this is a good thing. It sures that they, too, are under the law.
    Really?!? :rolleyes:
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    (Original post by Bhaal85)
    Really?!? :rolleyes:
    Well I hope so
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    (Original post by Bhaal85)
    Really?!? :rolleyes:
    If you're interested you can find out more about police powers from The Police and Criminal Evidence Act 1984. This Act will tell you everything the police are and are not allowed to do.

    http://www.legislation.hmso.gov.uk/si/si1988/Uksi_19881200_en_1.htm
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    (Original post by Dajo123)
    The Police and Criminal Evidence Act 1984...will tell you everything the police are and are not allowed to do.
    Which is a bit misleading...
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    (Original post by NDGAARONDI)
    Which is a bit misleading...
    OK, it will outline most (not all) police powers. Forgive me, i’m tired and your sig has given me a headache again
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    (Original post by Dajo123)
    OK, it will outline most (not all) police powers.
    Along with other Acts of Parliament, Statutory Instruments and judicial precendent concerning police procedure and evidence.

    (Original post by Dajo123)
    Forgive me, i’m tired
    Go to bed.

    (Original post by Dajo123)
    and your sig has given me a headache again
    It's here to stay more or less.
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    (Original post by NDGAARONDI)
    Along with other Acts of Parliament, Statutory Instruments and judicial precendent concerning police procedure and evidence.
    The Police and Criminal Evidence Act is the main one.
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    (Original post by Dajo123)
    The Police and Criminal Evidence Act is the main one.
    Yes I think most people with legal knowledge realise that

    But if it's terrorism it's a completely different story.....
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    (Original post by NDGAARONDI)
    But if it's terrorism it's a completely different story.....
    A strange and twisted story the law becomes indeed.......
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    (Original post by Dajo123)
    A strange and twisted story the law becomes indeed.......
    You would think with such emphasis and reading the laws relating to this offence that it's the most biggest crime of all as seen in law, when in fact it isn't. It's meant to be murder.
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    (Original post by NDGAARONDI)
    You would think with such emphasis and reading the laws relating to this offence that it's the most biggest crime of all as seen in law, when in fact it isn't. It's meant to be murder.
    I always found it strange that murder is a common law crime......
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    (Original post by Dajo123)
    I always found it strange that murder is a common law crime......
    I don't, there are many others too. You will learn more soon no doubt
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    (Original post by NDGAARONDI)
    I don't, there are many others too. You will learn more soon no doubt
    I know of others, but as you pointed out murder is one of the most serious crimes yet it is not written in any statute.
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    (Original post by Dajo123)
    I know of others, but as you pointed out murder is one of the most serious crimes yet it is not written in any statute.
    It's more because of history than anything. It never used to be the most serious crime though.
 
 
 
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