Law and the Multiverse: Is Batman a State Actor?

Is Batman a State Actor?

As a result, evidence that a superhero obtains by breaking into a villain’s headquarters is admissible even though it was obtained illegally. See, Burdeau v. McDowell, 256 U.S. 465 (1921). And since it doesn’t invoke the fruit of the poisonous tree doctrine, any additional evidence obtained via the original evidence would also be admissible. [...]

In the real world, this would cause significant problems for Batman and Gotham. Batman’s rough and tumble style would lead to a rash of Section 1983 claims for damages and probably also for an injunction against Batman’s future cooperation in police investigations. As discussed earlier, most evidence that Batman collects would be inadmissible, and police use of that evidence might bar the use of additional evidence collected during a subsequent police investigation.

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3 Responses:

  1. antifuchs says:

    I love how he uses the term "in the real world" there. Also, a peek at the source reveals:

    generated 219 seconds ago
    generated in 0.560 seconds
    served from batcache in 0.005 seconds
    expires in 81 seconds

    Nananana, nananana bat-cache!

  2. L. says:

    I've seen the tv series. He's not even a good actor.

  3. mb says:

    L. you obviously saw one of Batman's many decoys.