In the series of following articles in the coming months, a series of magical historical criminal trials will be read through, explained, and given the outcome.

People v Emile Kiara (2001)


INSTANT FACTS: Emile Kiara was spied on by aurors for twelve days as it was thought that she participated in an active hydrological drug trade. The aurors used forbidden search spells to search her house.

BLACK LETTER RULE: Authorities may not use magic that is not available to the public in order to search people’s property without a warrant or evidence.

Procedural Basis
It was brought to the Wizengamot after Emile Kiara tried to defend her charges of holding drugs after she believed they were breaking the exclusionary rule.

Facts
Emile Kiara, a witch suspected of participating in a hydrological drug trade, was surveilled by Aurors for twelve consecutive days without a proper warrant. The Aurors, acting under suspicion, employed forbidden search spells to inspect her private property in secret. This surveillance occurred without formal authorization or evidence that would justify an intrusion of such magnitude. The black letter rule (explained above) under wizarding law strictly prohibits magical authorities from utilizing magic unavailable to the general public to search or surveil private property without a warrant or preexisting evidence. The defense argued that the Aurors' actions violated Emile Kiara’s rights, as the spells were unlawful. The Ministry failed to establish probable cause. The prosecution contended that the urgency of dismantling the hydrological drug trade justified the Aurors’ actions, even in the absence of a warrant. The case raised significant concerns regarding privacy, magical abuse of power, and procedural integrity in law enforcement.

Issue
Is evidence obtained through the use of hidden and forbidden magical search spells allowed to be legally used in a court case with combinations from the exclusionary rule and the lack of a warrant?

Decision and Rationale
(Densburo, C) The Wizengamot ruled in favor of Emile Kiara, meaning that the actions of the Aurors violated the black letter rule.The court emphasized that no urgency or suspicion, however grave, supersedes the foundational principles of due process and magical privacy laws. The rationale centered on the fact that the Aurors failed to acquire a warrant, nor did they present concrete evidence to justify such invasive measures. The court underscored that the law is designed to protect citizens from governmental overreach and abuse of advanced magical powers inaccessible to ordinary witches and wizards. Allowing such actions would establish a dangerous precedent and therefore erode trust in the Ministry’s law enforcement practices. Whilst the court acknowledged the seriousness of the drug trade, it determined that ends cannot justify means in cases of illegal searches. As a result, all evidence collected through forbidden search spells was deemed inadmissible. As a consequence, the Aurors involved were reprimanded, and Emile Kiara was released without further charges. The court’s decision reaffirmed the Ministry's commitment to upholding civil liberties, ensuring that magical law enforcement adheres to strict ethical and procedural standards.

Written by Michael Isserles.
Edited by Sam Diggory.
Proofread by Daphne Clarke.