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Criminal Law

: Grits for Breakfast

Schneier: SCOTUS missed chance to motivate police to purge harmful database errors

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Eliminating the exclusionary rule has been a lifelong goal of Chief Justice John Roberts, the New York Times reported this week, and with last month's Herring decision, he came achingly close to finally achieving that goal. (See a more detailed discussion of the Times piece at Simple Justice.)But renowned security expert Bruce Schneier (rhymes with "wire") says the exclusionary rule is a "is a security system designed to protect us all from police abuse." In particular, he disapproves of SCOTUS disallowing exclusion of evidence based on unintentional errors in security databases, a topic which happens to coincide with Schneier's cybersecurity specialty. He writes:The Herring case is more complicated, because the police thought they did have a warrant...continue to full post

Full post as published by Grits for Breakfast on February 01, 2009 (boomark / email).

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