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Old Aug 10, 2009 | 8:34 am
  #52  
secretbunnyboy
 
Join Date: Feb 2006
Programs: just above cargo
Posts: 2,072
Originally Posted by wildcatlh
The Constitution does not have an "except if he's a really bad person, then you can do whatever you want" clause in the 4th amendment.
Although (tangentially to the issue of searches in the US but related to that poster's location), such a provision does exist in most Australian jurisdictions e.g. s139 of the Evidence Act 1995 (NSW):

Evidence that was obtained:
(a) improperly or in contravention of an Australian law, or
(b) in consequence of an impropriety or of a contravention of an Australian law,
is not to be admitted unless the desirability of admitting the evidence outweighs the undesirability of admitting evidence that has been obtained in the way in which the evidence was obtained.
In other words: if it's reeeeeeeeeeeeally important to get the conviction, go for it!
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