Justice is Blind. Sometimes Justice is also stupid. It's stupid when it makes certain leaps of logic that defy-- well-- logic.
This happened yesterday in the Washington State Court of Appeals (Eastern District). Now justice in the Eastern District of Washington is literally blind--or nearly so. I do know they require 14 point fonts sizes instead of 12. Be that as it may, their decision to exclude evidence from a man's garbage because it was an unconstitutional invasion of privacy smacks of true legal idiocy. This is what happens in strict scrutiny: judges become blind to the forest because of the trees in front of them. The way to test the argument, in common sense terms, is to phrase a what if question: What if, instead of finding drug paraphernalia in the trash, the detective had found a human cadaver? Would the outcome of the case be different? Under this rule of evidence all a serial killer has to do is throw their victims in the trash. No more driving out to lonely isolated spots. Rubbish.
In another case, a 12 year old in Missouri has been charged with murdering her 9 year old sister over a hamburger. Apparently the girl confided this to her social worker while hospitalized in a psychiatric unit for delusions. Although the original autopsy did not show a cause of death, Medical Examiner Michael Graham said "No other condition reasonably explains her death." So, independent of any forensic or medical evidence the 9 year old died of anything but natural causes, and based solely on the confession of a mentally ill 12 year old, the State of Missouri is prepared to put her in jail for the rest of her life. Unbelievable.