# Is their a way to get around this fourth amendment law for my plot?



## ironpony (Jun 7, 2016)

In my story, I want the MC to get evidence on the villains, but I cannot find a way for them to do it, that would be admissible in court. 

Basically my story follows the structure that a lot of crime thrillers do, where one cop believes something different than all the rest, believes the villains are still out there, so he goes out on his own, to catch the real bad guys, and prove everyone else wrong.

The only problem is, is I do not know how to do this where the MC can still come up with admissible evidence. I have done a lot of research and have asked many legal experts, but the law is so well covered in this area, that I cannot seem to find any loopholes for a cop to work around.

Since I am writing a screenplay, I am into movies, and tend to use those as examples, if that's okay. One that comes to mind is The Negotiator (1998). In that movie, the MC is a cop who is framed for murder, and then breaks the law in order to get evidence, such as illegal search and seizure, without a warrant to get it. Perhaps he was able to work around the law, cause he was a framed fugitive?

What if my MC frames himself for one of the murders the villain gets away with, and then he uses this framed fugitive exception to the rule, to search and seize evidence of the real crimes without warrants, and is therefore able to legally get admissible evidence, which the other cops were not?

Or is framing himself for murder not the way to go, and there is a simpler, easier way? Is there?


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## am_hammy (Jun 7, 2016)

If you frame your own MC for murder, how are you going to get him out of it? That makes the whole concept even more complicated and it sounds like you would start to work with a double plot. Sometimes things don't have to be incredibly extravagant. Sometimes gathering the evidence doesn't need to be as intricate as figuring out what exactly happened. Usually there isn't a copious amount of evidence to crack someone. A lot of it has to do with the questioning and making the person guilty of the crime feel the pressure and they crack during interrogation or the trial. So while physical evidence is important, an individual's confession can be far more valuable.

So try getting another character to bring forth evidence. Whether it be a physical or verbal thing


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## Terry D (Jun 7, 2016)

ironpony said:


> In my story, I want the MC to get evidence on the villains, but I cannot find a way for them to do it, that would be admissible in court.
> 
> Basically my story follows the structure that a lot of crime thrillers do, where one cop believes something different than all the rest, believes the villains are still out there, so he goes out on his own, to catch the real bad guys, and prove everyone else wrong.
> 
> ...



There is no 'framed fugitive exception'. If you have a rogue cop going out on his own to stop the antagonist, then let him be a rogue cop and stop worrying about the letter of the law. The movies you reference don't tie everything up in a nice neat legal package. In most most of them the 'hero cop' would be drummed off the force, or, more likely, go to jail for what they do. You can't have it both ways. Either you are writing a nuts and bolts police procedural, or you're writing a cowboy-cop, Lethal Weapon, Die-Hard, sort of thing. In the latter reality isn't much of an issue.


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## ironpony (Jun 7, 2016)

Okay thanks.  The first half of the story plays like a courtroom procedural, with the villains getting off for their crimes.  So I suppose it starts out that way.  But then the formula goes into a cowboy genre after, when the MC decides to take matters into his own hands.  So is it possible to do a genre switch, gradually, since the first half relies on legal technicalities, to get the villain off, and tell the story?


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## Terry D (Jun 7, 2016)

ironpony said:


> Okay thanks.  The first half of the story plays like a courtroom procedural, with the villains getting off for their crimes.  So I suppose it starts out that way.  But then the formula goes into a cowboy genre after, when the MC decides to take matters into his own hands.  So is it possible to do a genre switch, gradually, since the first half relies on legal technicalities, to get the villain off, and tell the story?



You can, but I'd be very wary of spending the first half of the script on the slower paced, procedural type of story. The first 15 - 20 pages (minutes) maybe, but much longer than that and you'll have your audience wondering what type of movie it is. People who pay to see Die-Hard, don't want to watch an hour of To Kill A Mockingbird before the action starts. And vice versa.


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## ironpony (Jun 7, 2016)

Okay thanks.  There are some action/suspense scenes in between the courtroom stuff though, such as an attempt on one of the witness's lives, while court is adjourned, before she is testify.  Things like that, if that helps.

However, I was told before in my writing that I worry too much about pacing and structure, to the point where it causes characters to make implausible decisions.  I was told I should let the characters tell the story, and let them do what they would naturally do.  If the first half would naturally be a courtroom drama, with the characters making those decisions to proceed that way, then should I let their decisions be?


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## Terry D (Jun 7, 2016)

I can't structure your story for you because I don't know your vision. I simply think it would be difficult to wrap those two archetypes together and to do it in a way which would satisfy the audience, unless, of course, you are writing a three hour epic. My best advice? Just write it and see how it works.


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## ironpony (Jun 7, 2016)

Okay thanks.  I am trying to write a script around 90-105 minutes about.  

Well I think the biggest problem is the ending, cause since the villains were able to get away with their crimes by playing by the legal rules, the hero now has to break those rules, and still somehow build a case successfully, even though he is taking matters in to his own hands.  That's the part I am having trouble with.  I think that the first half holds together much better actually.


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## Sleepwriter (Jun 7, 2016)

Using movies as your reference, I suggest you watch Magnum Force.  from the dirty harry line.


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## ironpony (Jun 8, 2016)

Okay thanks.  I've seen Magnum Force and it's my favorite Dirty Harry movie.  What about it?


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