Comment by mikkupikku
6 hours ago
> Search is investigative; not punitive.
Let's be real, it can be both. A legal, valid and justified search can be done in a manner calculated to inflict maximum pain. Raiding in the middle of the night instead of when they step out their door in the morning, ripping open walls when all they're really looking for is a laptop, flipping and trashing the place in a excessive manner, breaking things in the process, pointing guns at children, shooting the family retriever, etc. I don't know if they took this raid too far in any of these ways, but it wouldn't surprise me.
What recourse would an American have against a punitive search? And what if something turns up which would retroactively justify it?
> "And what if something turns up which would retroactively justify it?"
US constitutional law prohibits the introduction of evidence obtained illegally.
https://en.wikipedia.org/wiki/Exclusionary_rule ("Exclusionary rule")
There's no "retroactive" exception. The core point of this rule is to deter police from intentionally violating people's rights, under the expectation that what they find will, "retroactively", vindicate them. Won't work.
> Won’t work.
How would you know when it did? You can’t “retroactively” justify an arbitrary search under the exclusionary rule, but this doesn’t exclude evidence tangential to a legally-executed warrant during the execution of that warrant. For example, suppose someone is suspected of illegally possessing wildlife. A search warrant is issued on the residence. No wildlife is found, and in fact no wildlife was ever on the premises. If officers find large quantities of cocaine during the search, they aren’t precluded from making an arrest, because the warrant used to gain entry and conduct the search was legal.
https://en.wikipedia.org/wiki/Parallel_construction
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Constitutional law doesn't mean anything when the authorities don't respect it. Constitutional law won't stop you from being arrested or killed if you don't fully submit to an authoritarian government.
There were laws in Germany to prevent what Hitler did. It still happened.
See also: parallel construction, which has come up (rightfully so) in HN threads about dragnet surveillance.
> What recourse would an American have against a punitive search?
None. The endless videos, from better-years-gone-by of people refusing to answer questions at the border then having drug dogs run all over their car to scratch it up was my first exposure to federal agents acting maliciously.
You can attempt to sue for damages, but the suit is likely to be dismissed because law enforcement and legal adjudication are tightly coupled and very friendly in ways that subvert the proper functioning of justice. More likely you'd just invite more harassment for daring to attempt recourse at all.