Quote:
Originally posted by taxwonk
I couldlive with that in principle. But how do you deal with the notion of sovereign immunity? And how do you recruit cops if they are being thrown in jail all the time?
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I said at the outset that sovereign immunity currently makes this alternative approach impossible. It would be necessary to eliminate sovereign immunity for damages actions for unlawful searches.
As for criminals being sentenced to death, 2 to spanky. Unlawfully seized evidence is not unreliable (this is not coerced confessions). No one has ever said it is. The only reason it's excluded is it's a way to vindicate the 4th amendment.
As for your damages, there are plenty of ways that civil litigation has evolved to address just such a concern, including class actions and punitive damages. Why are neither sufficient here?
