Why is Perry in Jail if Della found a "WORKAROUND" Case to keep him OUT???
Remember Della saying that she'd look into finding a 'WORKAROUND" solution to the DILEMMA of the GUN situation?
Here's the conversation that you can find at the 28 MIN TIME MARK in S2/Ep 4 at the HBO/MAX site:
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Perry: What about the gun that killed Brooks that's sitting in our safe?
DELLA: Us having the gun is a DILEMMA.
Paul: Well, They didn't give it to us, I found it.
DELLA: I'll look into it, There may be a workaround.
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Then later on there's another scene where she seems to find a workaround situation in one of the cases in a law book.
So WHY has PERRY gone to jail if she's found the "WORKAROUND???"
At the 49 MIN TIME MARK at the HBO/MAX site in S2/Ep 6:
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Della: Your Honor I have a question about ADMISSIBILITY
Judge: I don't. Open the Safe NOW ...
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At the 50 MIN TIME MARK:
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Della (is seen reading the LAW BOOK):
Here, here. Uh. "Olmstead vs the U.S." The dissent argues for a wider application of the exclusionary principal."
It's post-Mayen. Maybe Durkin would be open to the illegal search, and seizure angle.
Perry: You talk to Anita about work?
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So apparently both the JUDGE and PERRY completely IGNORE Della when she tries to discuss this case with them, and as a result of that Perry also ends up behind bars for 4 MONTHS???
Or is this exclusionary principal involving "illegal search, and seizure" a reference to something else???
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https://en.wikipedia.org/wiki/Olmstead_v._United_States#Impact
Olmstead v. United States, 277 U.S. 438 (1928)
This decision was overturned by Katz v. United States in 1967
Seizure of evidence
the general philosophy was that the process to obtain the evidence had little to do with admissibility in court.
In 1914, in the landmark case Weeks v. United States, the Supreme Court held unanimously that illegal seizure of items from a private residence was a violation of the Fourth Amendment, and established the exclusionary rule that prohibits admission of illegally obtained evidence in federal courts.
So does this mean all Perry had to do to keep out of jail was REFUSE to let them search his office where the GUN was found???
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