You're correct. I didn't realize how extensive this operation was.
The Motion to Suppress is practically a lay-up, and definitely worth a quick read. If you're familiar with the fact pattern, you can skip down to the Summary of Argument (http://www.eastbayexpress.com/media/pdf/motiontosuppress.pdf .) The prosecution really had no choice but to withdraw the recordings.
However, I can't help but wonder if there was more to it than that. This pattern is becoming a more frequent occurrence: the FBI provides the DOJ with evidence obtained through an improper method. If the Constitutionality or legality of that method is strongly questioned, the DOJ either withdraws the evidence or drops the charges.
Since the issue is dropped, the techniques used by law enforcement are never subject to judicial scrutiny. The reason reason for dropping key pieces of evidence and even whole cases would have to be significant. The clear reasons are first, to preserve the ability of agents to continue using these techniques, and second, to prevent direct precedent saying they can't use them.
My grandfather, a former FBI agent, used to half-jokingly reply to my complaints about the erosion of the Fourth Amendment, and after briefly laughing jovially would say, "You don't need a warrant if you don't use it in court!"
So this method has been around since J. Edgar ran the Bureau.
The Motion to Suppress is practically a lay-up, and definitely worth a quick read. If you're familiar with the fact pattern, you can skip down to the Summary of Argument (http://www.eastbayexpress.com/media/pdf/motiontosuppress.pdf .) The prosecution really had no choice but to withdraw the recordings.
However, I can't help but wonder if there was more to it than that. This pattern is becoming a more frequent occurrence: the FBI provides the DOJ with evidence obtained through an improper method. If the Constitutionality or legality of that method is strongly questioned, the DOJ either withdraws the evidence or drops the charges.
Since the issue is dropped, the techniques used by law enforcement are never subject to judicial scrutiny. The reason reason for dropping key pieces of evidence and even whole cases would have to be significant. The clear reasons are first, to preserve the ability of agents to continue using these techniques, and second, to prevent direct precedent saying they can't use them.
My grandfather, a former FBI agent, used to half-jokingly reply to my complaints about the erosion of the Fourth Amendment, and after briefly laughing jovially would say, "You don't need a warrant if you don't use it in court!"
So this method has been around since J. Edgar ran the Bureau.