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IMO, police misconduct must also include willful ignorance to criminal activity. Lack of conduct can be misconduct.
That would be extremely hard to enforce. It's very hard to prove someone saw/recognized something when they say they didn't. In the case above, if we start charging the cops, basically there will be willful ignorance. Unless you commit a crime directly in their line of sight, no cop would act and do any enforcement. Why risk any different interpretation of "reasonable search" when you can just do nothing at all?
 

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