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View Diary: “FBI will soon have equivalent of 20 pcs of intel on every American–and they share this broadly" (138 comments)

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  •  From your link re: Feds lying to judges (13+ / 0-)

    This has been part of the story on DEA & others' creeping "total information awareness" surveillance:

    [D]ocuments reviewed by Reuters show that [surveillance-sharing] law enforcement agents have been directed to conceal how such investigations truly begin - not only from defense lawyers but also sometimes from prosecutors and judges.

    The undated documents show that federal agents are trained to "recreate" the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant's Constitutional right to a fair trial. If defendants don't know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence - information that could reveal entrapment, mistakes or biased witnesses.

    Regardless of the defendants' right to "review potential sources of exculpatory evidence," it would seem to me that an illegal, warrantless surveillance as the only "probable cause" to launch an investigation makes anything "recreated" the fruit of a poisonous tree, in the judicial vernacular.

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