From: Michael Froomkin <MFROOMKI@umiami.ir.miami.edu>
Date: Fri, 10 Feb 95 06:52:59 PST
To: Black Unicorn <unicorn@access.digex.net>
Subject: Not moot? [Was Re: The question is moot: (Was: Not crypto, but scary.)]
In-Reply-To: <Pine.SUN.3.91.950210010704.5527A-100000@access3.digex.net>
Message-ID: <Pine.3.89.9502100954.A589347486-0100000@umiami.ir.miami.edu>
MIME-Version: 1.0
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I was under the  impression that the House bill would change the status 
quo in one important respect: under Leon and similar cases, the "good 
faith" exception only applies when a judge or magistrate has issued a 
warrant which turns out not to be valid.  Under the House bill, this 
erosion of the exclusionary rule is extended to warrantless searches 
(presumably including electronic searches) made in "good faith".  Since 
knowledge of what the Constitution requires can destroy good faith, the 
changes likely to be made in police procedure manuals and curricula are 
left as an exercise for the reader.

OBCrypto: Buy shares in commercial crypto suppliers now.  Demand should 
be going up.

A.Michael Froomkin          | +1 (305) 284-4285; +1 (305) 284-6506 (fax)
U.Miami Law School          | MFROOMKI@UMIAMI.IR.MIAMI.EDU
PO Box 248087               | 
Coral Gables, FL 33146 USA  | It's barely warm here.