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Dead Constitution
See other Dead Constitution Articles

Title: Supreme Court OKs Use of Illegally Obtained Evidence
Source: [None]
URL Source: http://www.newser.com/story/47923/s ... legally-obtained-evidence.html
Published: Jan 16, 2009
Author: Crime and Courts
Post Date: 2009-01-16 09:33:51 by Disgusted
Keywords: None
Views: 229
Comments: 9

Supreme Court OKs Use of Illegally Obtained Evidence

Posted Jan 14, 09 1:23 PM CST in US, Crime & Courts

(Newser) – The Supreme Court today ruled that evidence obtained in violation of the Constitution is admissible in court, Bloomberg reports, in a 5-4 vote along ideological lines. The court ruled that prosecutors could try an Alabama man who was found to be carrying methamphetamine and a pistol when he was accidentally arrested in 2004 due to a clerical error.

“In such a case, the criminal should not go free because the constable has blundered,” wrote John Roberts for the majority. In the past, the court upheld up the “exclusionary rule,” barring illegally obtained evidence, but that rule has been curtailed recently. In dissent, Ruth Bader Ginsburg said the exclusionary rule was the only effective way to prevent negligent police from threatening individual freedom.

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#1. To: Disgusted, Esso, Jethro Tull (#0)

5-4 vote

here we go again

christine  posted on  2009-01-16   9:44:51 ET  Reply   Trace   Private Reply  

cops have been given carte blanche abuse protection

christine  posted on  2009-01-16   9:50:55 ET  Reply   Trace   Private Reply  

The 4th Amendment to the Constitution is a Dead Letter.

Like many other areas of American law, the Fourth Amendment finds its roots in English legal doctrine, and first identified by Edward Coke in Semayne's case in which he articulated that:[1]

The house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose.

“In such a case, the criminal court should not go free because the constitution has been plundered,” wrote We The People.

Lysander_Spooner  posted on  2009-01-16   9:51:54 ET  Reply   Trace   Private Reply  

cops have been given carte blanche abuse protection

IMO that happened a long time ago. They only go after the stupid ones, the ones that will result in bad publicity and have too many witnesses.

They have the legal protection, but when the time is right, they will find that having legal protection is not good enough.

.

Click for Privacy and Preparedness files

Nehemiah 4:14 And I looked and arose and said to the nobles and to the officials and to the rest of the people, “Do not be afraid of them. Remember the Lord, who is great and awesome, and fight for your brothers, your sons, your daughters, your wives, and your homes.”

PSUSA  posted on  2009-01-16   10:00:23 ET  Reply   Trace   Private Reply  

cops have been given carte blanche abuse protection

Well, the downside to THE WARREN COURT'S ACTIVISM is that the present batch of state worshiping fascists feel equally entitled to "make America over in their image" by mirroring the previous court and reversing those "dam libruls".

HOUNDDAWG  posted on  2009-01-16   10:16:46 ET  Reply   Trace   Private Reply  

...when the time is right, they will find that having legal protection is not good enough...

20 years ago I would have agreed with you, but we appear to be a nation of sheep. I just don't see it happening, particularly with white people, who seem to have completely lost any spine (and country) they might have once had.

Here is a great article that sums up my point: Walter Mitty's Second Amendment

winston_smith  posted on  2009-01-16   10:43:12 ET  Reply   Trace   Private Reply  

Fair enough, if that's how you see it. I see it a little differently. I also believe in God and have faith that He will not fail. He promised us victory. But you may have a different belief system. If so, I wont try and convert you, I promise ;)

That article states that it wont happen, because it hasn't happened on the timing he would prefer. And the article states, rightly, that the majority are, to paraphrase, useless.

Since when did a majority ever start anything worthwhile? It always starts with a minority. And, to be sure, we are a minority. We have enough to get the job done. But it wont happen on my timing, or anyone elses timing. It will happen when the time is right. We're out here, and we of like mind aren't going anywhere.

There are lines in the sand that they will not cross without the proverbial shit hitting the fan. They are toeing those lines right now.

This police state we have being formed around us is the result of the fear our "leaders" have of us. They know what we are capable of, and they know they will lose. That scares the crap out of them. It is so true that bullies are cowards.

.

Click for Privacy and Preparedness files

Nehemiah 4:14 And I looked and arose and said to the nobles and to the officials and to the rest of the people, “Do not be afraid of them. Remember the Lord, who is great and awesome, and fight for your brothers, your sons, your daughters, your wives, and your homes.”

PSUSA  posted on  2009-01-16   11:05:25 ET  Reply   Trace   Private Reply  

There are lines in the sand that they will not cross without the proverbial shit hitting the fan. They are toeing those lines right now.

That's a well reasoned argument that makes sense to me... but those lines have already been crossed without even a wimper much less a bang.

Have you seen the videos of the cops, soldiers (!), and blackwater merceniaries illegally confiscating firearms from law abiding citizens after Katrina? Nobody dropped a hammer on those MFers, and they might have gotten away with it in the chaos. It's hard for me to believe that we'll start now but I hope you're right.

winston_smith  posted on  2009-01-16   13:08:02 ET  Reply   Trace   Private Reply  

In dissent, Ruth Bader Ginsburg said the exclusionary rule was the only effective way to prevent negligent police from threatening individual freedom.

I detest Ginsburg, but she nails this. I don't know the 'clerical/administrative error' that initiated this arrest, but you can rest assured that very same 'mistake' will be modified and then it will go viral throughout the national PDs. Think of the WMD 'mistake' Bush made going into Iraq but on a local, personal level. This will open the door of your house and car to nut bags.

Jethro Tull  posted on  2009-01-16   13:20:50 ET  Reply   Trace   Private Reply  

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