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PaperclipPerfector  3d ago (text post)   12051 thread views

Culture War Roundup for the week of August 3, 2026

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We have parallel construction BECAUSE we have the exclusionary rule.

Yes, exactly so. [insert chad meme].

Now please stop for a moment and think about it. The exclusionary rule does not protect your rights. It results in the police who are intent on violating your rights, violating them and hiding it, presenting fabricated chain of evidence in the courts.

Meanwhile, the cops who accidentally or due to well-meaning incompetence did something that a capable defense team can present running a foul of some procedural ritual magic will find a defendant walking free because the evidence that he definitely violated constitutional rights of other citizens is ritually impure.

Asset forfeiture is another example that you have dirty cops, which follows from inadequately policed cops. Indirect incentive hacking does not work very well. Direct incentives would work better.

It results in the police who are intent on violating your rights, violating them and hiding it, presenting fabricated chain of evidence in the courts.

It makes the police who are intent on violating your rights work at it. And it makes the cops who are not wholly evil, merely overzealous, have an incentive to reign it in. And it means only wholly evil departments can engage in the routine practices of beating confessions out of people, denying them legal representation until they confess, etc.

Asset forfeiture is another example that you have dirty cops, which follows from inadequately policed cops.

There is no good answer to 'who polices the police'. They will always be inadequately policed, which is why "let the evidence taken unlawfully be used and then punish the cops" really means "your rights don't exist".

I think "let the evidence taken unlawfully be used and then punish the cops" could in theory be a successful policy, but nobody has the guts to punish the cops enough to make that work. If someone says "illegal search" or "warrantless search" I hear "breaking and entering, corruption of a public official" but there's zero desire to trade the exclusionary rule for that, and if someone did offer the trade I wouldn't take it because those charges would ~never be filed.

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