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Echoes and Mirrors» Blog Archive » bye bye 4th amendment

bye bye 4th amendment

Court says evidence is valid despite police error:

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.”

Seriously? What a bunch of jerks. They get away with it because they did it in good faith? When it comes to laws, those enforcing them should be held to the toughest scrutiny. They should be held to extreme accountability -these are people’s lives that hang in the balance. This sort of good faith exception is begging for more abuse than a cougar on a Saturday night.

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