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Title: Court says evidence is valid despite police error
Source:
AP/Yahoo
URL Source: [None]
Published: Jan 14, 2009
Author: Mark Sherman
Post Date: 2009-01-14 17:36:18 by Esso
Keywords: None
Views: 151
Comments: 14
Court says evidence is valid despite police error By MARK SHERMAN, Associated Press Writer Mark Sherman, Associated Press Writer 2 hrs 8 mins ago WASHINGTON – The Supreme Court said Wednesday that evidence obtained after illegal searches or arrests based on simple police mistakes may be used to prosecute criminal defendants. The justices split 5-4 along ideological lines to apply new limits to the court's so-called exclusionary rule, which generally requires evidence to be suppressed if it results from a violation of a suspect's Fourth Amendment right to be free from unreasonable searches or seizure. The conservative majority acknowledged that the arrest of Bennie Dean Herring of Alabama — based on the mistaken belief that there was a warrant for his arrest — violated his constitutional rights, yet upheld his conviction on federal drug and gun charges. Coffee County, Ala., sheriff's deputies found amphetamines in Herring's pockets and an unloaded gun in his truck when they conducted a search following his arrest. It turned out that the warrant from neighboring Dale County had been recalled five months earlier, but the county sheriff's computers had not been updated. Chief Justice John Roberts, writing for the court, said the evidence may be used "when police mistakes are the result of negligence such as that described here, rather than systemic error or reckless disregard of constitutional requirements." Justices Samuel Alito, Anthony Kennedy, Antonin Scalia and Clarence Thomas sided with Roberts. In a dissent for the other four justices, Justice Ruth Bader Ginsburg said the ruling "leaves Herring, and others like him, with no remedy for violations of their constitutional rights." Ginsburg said accurate police record-keeping is of paramount importance, particularly with the widespread use of electronic databases. Justices Stephen Breyer, David Souter and John Paul Stevens also dissented. Herring was arrested after a Coffee sheriff's employee asked her counterpart in Dale County whether Herring, called "no stranger to law enforcement" by Roberts, was wanted in Dale. An arrest warrant had been issued in Dale, but it had been recalled by July 2004. The sheriff's electronic records, however, showed it was still a valid warrant. Acting on that information, Coffee County deputies arrested and searched Herring. The Dale employee meanwhile discovered the warrant was no longer valid and called Coffee County to say so. But it was too late for Herring. Some courts have ruled that as a deterrent to police misconduct, the fruits of a similar search may be excluded from evidence. But the 11th U.S. Circuit Court of Appeals in Atlanta said that suppressing evidence in Herring's case would be unlikely to deter sloppy record keeping. The case is Herring v. U.S., 07-513.
Poster Comment: 5 to 4. Sooooo close citizens, you lose and the government wins again. Better luck next time! Kiss the 4th Amendment Bye-Bye!
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#1. To: christine, lodwick, Jethro Tull, Dakmar, Cynicom, All (#0)
We need a fresh start here. Freedom is as dead as a doornail.
Another Founding Fathers grand mistakes...Nine olde political hacks with a death grip on ..power..
The really sad thing is that the vote was really 9-0. When they really screw us (like this one) they draw straws to determine who gets to be the "dissent." This way, there's some pretense of freeeedom, rather than just shoving it up our asses.
The olde shell and pea game, except there aint no pea, and they go home at the end of the day laffing at us rubes.
Odd that the Supreme Court Justice that started us down this path to slavery was also named Roberts. Justice Owen Roberts was a conservative republican yet changed the balance on the court when he threw in with Roosevelt and the big government people. That started this country on its downhill slide to hell. Roosevelt got everything he wanted.
How well I remember (having been alive and well during that period of time) ... and how much I understand that "history repeats itself".
[funny] how that always happens....
Later when Roosevelt wanted to detract from the Pearl Harbor attack, he appointed Judge Roberts to "investigate" the affair. In thirty days Roberts wrapped up the whole thing and found no blame by Roosevelt. The American people bought it. He then resigned from the Court and took over at U Penn. Just hand opening there.
Just more of the same old, same old ... and who said history doesn't repeat itself?
Of the famous Pandering Shermans? Just kidding, good article. Amazing how easy it is to schmere someone.
The ultimate effect of shielding men from the effects of folly, is to fill the world with fools. - Herbert Spencer
this is a bullshit ruling of the highest order
the american government is a disease masquerading as its own cure BULL SHIT! Will upholding the conviction set the agencies on fire to update their records? Now, dispatchers will be trained to "misread" the expiration dates when advising field units of warrants in the goddam computer! "OOPSIE!" the dispatcher told the court. "I misread the date and erroneously advised the officers that the warrant was valid!" I swear, if America wasn't already dead I'd say it was time to hang those fucking traitors in black robes. Fortunately we still have the "OJ remedy" to check this out of control system. I hope white folks catch on and start exonerating defendants when the system fails to abide by the law. Of course the state can tell by examining tax returns who the govt worshipers are. And once a juror convicts he/she is called again and again. Those who exonerate are seldom recalled to "serve".
"dissent"? sounds more like a declaration of war, to me.
"...as long as there..remain active enemies of the Christian church, we may hope to become Master of the World...the future Jewish King will never reign in the world before Christianity is overthrown - B'nai B'rith speech http://www.biblebelievers.org.au/luther.htm / http://bible.cc/psalms/83-4.htm
MAJOR EFFIN' BS PING!
Mike Flaherty: Yeah, it's been there a long time. I wish I knew which corner.
My Man Godfrey (1936)
#2. To: Esso. all (#1)
#3. To: Esso (#0)
In a dissent for the other four justices, Justice Ruth Bader Ginsburg said the ruling "leaves Herring, and others like him, with no remedy for violations of their constitutional rights."
#4. To: Cynicom, lodwick (#3)
(Edited)
Mike Flaherty: Yeah, it's been there a long time. I wish I knew which corner.
My Man Godfrey (1936)
#5. To: Esso (#4)
When they really screw us (like this one) they draw straws to determine who gets to be the "dissent."
#6. To: Esso, Phant2000 (#4)
(Edited)
When they really screw us (like this one) they draw straws to determine who gets to be the "dissent."
#7. To: Cynicom (#6)
Roosevelt got everything he wanted.
#8. To: Esso (#0)
5 to 4.
#9. To: Phant2000, Esso (#7)
#10. To: Cynicom (#9)
In thirty days Roberts wrapped up the whole thing and found no blame by Roosevelt. The American people bought it.
#11. To: Esso (#0)
By MARK SHERMAN, Associated Press Writer
#12. To: Esso, *libertarians*, *Shooters*, *Jack-Booted Thugs* (#0)
#13. To: Esso (#0)
But the 11th U.S. Circuit Court of Appeals in Atlanta said that suppressing evidence in Herring's case would be unlikely to deter sloppy record keeping.
#14. To: Esso (#0)
In a dissent for the other four justices, Justice Ruth Bader Ginsburg said the ruling "leaves Herring, and others like him, with no remedy for violations of their constitutional rights."
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