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Considering the Legality of Evidence Does Not Mean Tolerating Violations of the Law

FUNDAMENTAL PRINCIPLE: The legality of evidence must be assessed objectively, without diminishing the determination to address proven violations of the law.

The assessment of evidence is an essential part of law enforcement. Evidence must be obtained, examined, and used in accordance with applicable legal provisions.

However, questions concerning the legality of evidence must not be misinterpreted as grounds for justifying or tolerating proven violations of the law.

Conversely, an alleged violation of the law cannot be used as a justification for disregarding the principles of legality, lawful procedures, the rights of the parties involved, or applicable standards of proof.

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Four Aspects That Must Be Distinguished

1. Legality of Evidence
   Whether the evidence was obtained and used in accordance with applicable legal provisions.
2. Proof of a Legal Violation
   Whether the conduct in question satisfies the elements of a violation based on valid evidence that can be substantiated and held accountable under the law.
3. Accountability in Law Enforcement
   Whether the actions of law enforcement officials and the parties under investigation can be justified and accounted for under the law.
4. Procedural Justice
   Whether the examination process and decision-making respect the rights of all parties and the principles of a fair judicial process.

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THE PRINCIPLE OF LAW ENFORCEMENT

Determination in addressing violations of the law must go hand in hand with careful scrutiny of the legality of the evidence.

There is no justification for ignoring a proven violation. Equally, there is no justification for disregarding the law merely to reach a predetermined conclusion.

Conclusion

Firm law enforcement does not mean enforcement that disregards procedures. Rather, it means enforcement capable of establishing violations through lawful, objective, and accountable means.

A Concise and Firm Formulation Considering the legality of evidence is not a form of tolerance toward violations of the law. On the contrary, the validity of proof and the determination to enforce the law must go hand in hand: proven violations must be addressed in accordance with the law, while every piece of evidence must be assessed according to its legality and relevance under applicable legal provisions.