Quote:
Originally Posted by MathGeek
I've reviewed numerous cases of 4th and 5th amendment violations that shock the conscience that are unrelated to suspicions of drug related crimes.
Government agents have lots of different motives for violating the rights of citizens, so taking away one possible motive will not solve the problem. We need criminal penalties for these things.
An illegal search (or attempt) is ILLEGAL. The person making such an illegal search should be prosecuted for the same crime for which any non-government party would be prosecuted had they done the same thing.
Penetration of certain body cavities is considered rape under the law. Once the search is deemed illegal, the crime is rape. Put a few of these perps in prison for rape, and the rest will think twice when the they get the notion to perform an unjustified body cavity search.
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Yup,
The group mentality and nureacratic efense needs to go away. whever we see corporate criminal fines of 2 billion dollars, why do we not also see someone going to jail. the bigger the organization the better the chance of claiming to "just follow orders." I think we need to hold individuals responsible for following illegal orders and then maybe we will see some change. Most of Hitlers guards were convinced that they were justified because those above them had the "authority" to make them do as they were told. I support mandatory constitutional education for all police officers with powers of arrest. it would take away the "following orders" defense.