• PresidentCamacho@lemm.ee
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    6 hours ago

    I think what ends up happening (as a rando without a legal degree) is that the backpack and all of its contents become inadmissible as evidence. It makes beyond a reasonable doubt harder to achieve for the prosecution because they lack a proposed murder weapon in evidence.

    • bss03@infosec.pub
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      5 hours ago

      This is just a motion. Judge will decide it’s validity and the remedy. It might end up with the evidence excluded, but it might be that the prosecution just has to provide a different/stronger justification, or even be a nothing burger if the judge is unconvinced by the arguments in the motion.

      I agree with your analysis if the judge does exclude backpack and contents as evidence.

      Anything other than exclusion will be grounds for appeal, later, too.