Quote:
Originally Posted by foundit66
There are different levels of requirements for different angles of the case.
Evidence can be thrown out for breach of civil rights, but a later court action may find that the means of the civil rights breach was not egregious (or possibly not intended) enough to warrant a counter-suit.
(e.g. It could have been an honest mistake. If the police "invaded the privacy" of the wrong citizen due to a clerical error on a perfectly good warrant, the cops should be held blameless and not liable for a counter-suit.)
It's possible that the RIAA did involve in some illicit action, but it may not be "improper" enough to warrant awarding her money.
If the earlier case was voided and lost because of RIAA investigative practices, then I'm sure that will be helpful in the counter-suit.
|
That's why I threw out "ifs"...
I'd need to know if "guilt of illegal investigative practices" was found during the first case where they were suing her...
If it WAS, then the second case where she sues them would take about 15 seconds...
JUDGE - "Where's your proof?"
PLAINTIFF - "Here's the transcipt of the last trial"
JUDGE - "Judgement for the plantiff"