this post was submitted on 08 Feb 2026
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Yes but that doesn't answer the question of whether it's an accepted practice in the EU. I'm also not so sure it isn't somehow codified into law, in the US there's precedents supporting it but IDK about other countries.
The point is that it skirts the law. You can't really make it illegal because it is a way of subverting legality. If they legally obtain the evidence then it's legally obtained. If they happened to get to that point through extra-legal means that doesn't really matter, as long as the end result is legal. Maybe you could argue in court that they only got there because of extra-legal actions, but they can argue the opposite. If this helps them look in the right spot for illegal actions, who's to say that them looking there couldn't have happened purely by chance?
You really can make it illegal if there's the political will to do so, but it's a hot potato, so the likelihood of of the practice being formally reigned in is unlikely. You make fruit of the poisonous tree absolute and create laws that make illegal search or seizure kill investigations without the possibility of future charges for a given criminal act.
Obviously that would also have practical drawbacks as well, but it is certainly legally possible.