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Originally Posted by xoxoxoBruce
I feel they should be held accountable for violating the law and my rights.
I also feel that won't happen if there's no penalty for not doing so.
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There's a big space between "no penalty" and whipping out the exclusionary rule to release felons any time the cops didn't wait "long enough" between announcing and opening an unlocked door to execute a search warrant.
There's gotta be a balancing done between the egregiousness of the police behavior and the harm of excluding the evidence, and that's what this opinion says. Alito didn't say that the other remedies should be the only recourse, he said Hudson's claim that there was
no other recourse than giving Hudson an exclusionary rule walk was bogus, and cited the other recourses as counterexamples. To carp that the other recourses are insufficient to an unjustified warrantless no-knock door-crashing crisis entry with tear gas and flashbangs is to sign up for Hudson's theory that it's either toss all the evidence every time there's a complaint or nothing. Nothing Alito said supports
discarding the exclusionary rule.