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Yes, that's what I'm saying. Getting cases thrown out frequently is an embarrassment to the police force as a whole. Whereas getting fined for the wrongful doings of a police officer is usually just a slap on the wrist for the police department, and it's paid out of taxpayer money.

Sure, having criminal action against the officer personally would be nice, but it seems as though it practice that's much easier to erode than the fruit of the poisoned tree doctrine. After all who polices the police? At least with a doctrine like that you have a different branch of government handling it. In any case prosecuting police for violating the law is not mutually exclusive with the fruit of the poisoned tree doctrine, both are nice things to have.

I really don't see any downside to the fruit of the poisoned tree doctrine. If police are doing their job as they should it'll never even come up, but if they aren't they're committing a grave offense against society as a whole, and shouldn't be allowed to limp away with whatever illicit evidence they've gathered while performing illegal acts.




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