"To my mind the admissibility of evidence found during a search should have been limited to the original purpose; while it would not be entirely unreasonable to confiscate contraband found during a search, but it's not reasonable to prosecute the guy on that basis.
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Sorry, but if a person who owned the place consented, the end result is always admissible.
Period.
If they didn't consent, it would be different.
I can't see why you think this reasoning would ever apply here.
I didn't make it clear in my original comment (but see the other one in this thread) that I'm making a normative rather than a positive argument.
I think the basis of consent ought to involve limitations of scope, such that discovery of a minor crime during the fruitless investigation of a major one should be treated differently. We want people to be cooperative with the police so as to minimize the incidence of violent crimes like the one the state troopers originally arrived to investigate. It's understandable that a neighbor got worried and called 911 (although we'll never know if the neighbor was genuinely worried or just irritated by the sexy sex noise). It's absolutely understandable that police would want to verify that no violence was going on after receiving such a report, even with the reasonable alternative explanation of sexual activity.
It's much harder to argue that McGacken's 10 year prison sentence has made society any better off. The cost of trying and imprisoning him may well exceed the social cost of his production (and presumable sale) of marijuana, but they have definitely reduced the incentive of people to cooperate with police investigating other crimes. To me this is a prime example of how 'the life of the law has not been logic, [but] experience' - the law has been consistently applied, but the result seems extremely unfair and may even have had negative economic utility.
Sorry, but if a person who owned the place consented, the end result is always admissible. Period. If they didn't consent, it would be different.
I can't see why you think this reasoning would ever apply here.