, 4 tweets, 1 min read Read on Twitter
The responses to this suggest a depressing number of people find this shocking and outrageous. Folks, this isn’t some new idea... it’s the core of all modern 4th Amendment law. We throw out evidence from improper searches, even if you were actually doing a crime.
If the cops bust into your home or hotel room or any other private space without a proper warrant, any evidence they find is supposed to be suppressed—whether it’s video of you paying hookers or the bloody knife you did a murder with last Tuesday. “Exclusionary Rule.” Not new.
If you want to get in the weeds, you can have an interesting argument about whether you can make a constitutional distinction between a hotel room renter and someone paying for an intimate service in a private room but not residing there overnight.
That probably turns on a bunch of fiddly, case specific details and will doubtless spawn some fascinating law school exam hypos. The boring part is: “if the space is private, evidence from an improper search generally gets suppressed, even if it’s evidence of a real crime."
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