There's a big problem insofar as you need to have legal standing in order to bring the malfeasance to court (implying you must be able to demonstrate this has been used)
This is so difficult, more or less impossible. Prosecutors and LE will likely not bring forward a criminal case based on this sort of unlawful search, as the discovery would detonate the case if brought before a mildly competent defense. The defense would have a really great speaking season following the court proceedings if they were to catch such a windfall.
I speculate that these sort of illegal searches are conducted regularly, and serve to fuel parallel construction.
In the OP article, it says that LE "did not need to use these search warrants to find the bomber" whose picture is inline, instead they correlated his "unique pink construction gloves" to some home depot footage of his purchase, linking his identity to the purchase with video evidence.
I think it is very possible for parallel construction to provide the required leads to locate this video footage. The search warrants can be as illegal as the day is long, but their effect may remain invisible so long as it generates a lead which is not obviously poisoned fruit.
Starting replying then saw your comment. Just wanted to note you are spot on in my opinion. It will be hard to showcase parallel construction and I am not sure how some ngo of some sort can pursue this at court.
Honestly, my feeling is the moment judges and congress felt OK with actions even pondering such acts we had a fundamental democratic problem in our hands.
As they say if you put a cop car on someone's tail they are going to get a ticket.
This is so difficult, more or less impossible. Prosecutors and LE will likely not bring forward a criminal case based on this sort of unlawful search, as the discovery would detonate the case if brought before a mildly competent defense. The defense would have a really great speaking season following the court proceedings if they were to catch such a windfall.
I speculate that these sort of illegal searches are conducted regularly, and serve to fuel parallel construction.
In the OP article, it says that LE "did not need to use these search warrants to find the bomber" whose picture is inline, instead they correlated his "unique pink construction gloves" to some home depot footage of his purchase, linking his identity to the purchase with video evidence.
I think it is very possible for parallel construction to provide the required leads to locate this video footage. The search warrants can be as illegal as the day is long, but their effect may remain invisible so long as it generates a lead which is not obviously poisoned fruit.