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2017-04-29 - Do not cut the corner(→ properly take the warrant through the court) [長年日記]

Once, in ruling contesting the illegality about "the police were tailing with a GPS in the car of the suspect (without the letter of the court)".

The court has made a ruling that "there is no serious illegality"

I wrote that "I feel strangeness" in my diary.

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Because I thought

"Why the police skipped the process to get the letter from the court before using GPS or Wifi or another devices?"

"You guys, are professional law enforcement agencies, called "judicial police". If you are professional, not pull out the hand of the job. "

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Since GW starts, I got a massed time. Therefore, I read the full sentence of the Supreme Court sentence(but it was a very short sentence).

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The contents of the judgement sentence is basically the same as my opinion,

- Do not cut the corner(→ properly take the warrant through the court)

- If you want it, Legislate properly (→ try to Lobby activities)

Besides there were interesting "supplemental opinions" (2 of 15 of Supreme Court justices )

- We know well that the legislation takes much time, so the court should issue a warrant, given the seriousness of the incident.

I thought that this "supplemental opinions" was very important, however, no news had said it.

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This Supreme Court ruling was common interpretation, based on the penal code law principle. So I did not understand why the opinion was divided by the lower court.

Both Osaka and Hiroshima District Court said "no illegality", on the other hand, Nagoya District Court judged said "illegality".

Osaka and Hiroshima has a image of gangsters in my mind.

Maybe "regionality influences judgement?"

I thought that vaguely.