This. One thing I have never understood this sequence:
1. Cop searches car illegal.
2. Court tosses out evidence.
So far so good. No qualms there with the court....
3. Cop is NOT charged with a crime, continues working
That never made any sense. If the search was illegal, he didn't have the authority to do it...so it was....by very definition....outside the parameters of his job. He was NOT acting as a police officer if he was conducting an illegal search.
In fact, if anything he was denying a person their civil rights under color of law....which is a felony. Why should he NOT be charged? Why should a prosecutor even be allowed to know about such an event and not bring up charges?
And no, I am in now way saying such evidence should be used.... I understand fruit of a poisined treee, I just don't understand allowing trees to be poisoned and hoping nobody notices next time.