Comment Re:So they'll just add (Score 1) 249
I have never heard an Police Officer in our County Courts actually just say that statement without a follow up question from the Judge first. If the Police Officer says he got an anonymous tip our Judges want some paperwork, any paperwork, stating the tip was called in at such-and-such time and taken by such-and-such person. Otherwise our Judges want a search warrant presented, which are easy and quick for our Police to get anyway. This ruling makes our police officers' standard operating procedures on phone searches far less ambiguous and gives far less wiggle room for the Defense Attorneys.
Maybe I am not seeing this happen and you do is that you would think the police would have to prove the likelihood that the evidence obtained by search was legal. Often I see that the Defense Attorney must prove to the court that the search was illegal when the Police Officer makes his statement and show that he has some paperwork saying so. That makes the evidence gained by legally gray searches by default "legal" and it cannot be dismissed. It is not right but that is what happens.
Maybe I am not seeing this happen and you do is that you would think the police would have to prove the likelihood that the evidence obtained by search was legal. Often I see that the Defense Attorney must prove to the court that the search was illegal when the Police Officer makes his statement and show that he has some paperwork saying so. That makes the evidence gained by legally gray searches by default "legal" and it cannot be dismissed. It is not right but that is what happens.