Unbelievable Roberts Court ruling on evidence in illegal searches
By John Amato Saturday Jan 17, 2009 11:00amThe Supreme Court has ruled by 5-4 split decision that the exclusionary rule, which bars evidence obtained in an illegal search, is not absolute. The case in question, Herring v. U.S., involved a police officer, Mark Anderson, who executed a warrant to arrest Bennie Dean Herring, (described by the Times as "very unlucky as well as felonious in his conduct,") who had previous run-ins with the law and was at the Sherriff's department to retrieve items from his impounded car. A search turned up a gun and metamphatamines in Herring's possession.
The warrant had actually expired several months earlier, so the search was illegal even though Anderson had made an honest mistake. Evidence illegally obtained is usually inadmissible. But with the court's decision, under circumstances such as the one above, this won't be the case...read on
Here's more...
The one limitation on the Court’s opinion — and it will be the key to determining whether it reworks Fourth Amendment jurisprudence very significantly — is the Court’s statement that its rule applies to police conduct “attenuated from the arrest.” Those statements constrain today’s holding largely to the bounds of existing law. But the logic of the decision spans far more broadly, and the next logical step — which I predict is 2 years away — is abandoning the “attentuation” reference altogether...read on
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Two more conservative activist justices on the supreme court. the Bush legacy just keeps on giving.
Big Brother is watchin' you. Don't tick him off, or you will be detained for thought crimes!
This is no surprise. It was no secret what kind of animals Roberts and Alito were when Congress decided to capitulate to the Boy Who Would Be King and confirm these radicals. Crude as it may sound, here's hoping that Fate intervenes and some of these Justices-For-Life are removed and replaced by a more even-tempered administration.
If there are vacancies on the court during Obama's time I am hoping he goes with someone extremely on the left. None of the liberals on the court are to the left enough. Personally, I would love to replace these nutters who think totalitarianism is just.
would be great for the Supremes!
I'm thinking someone with an Angela Davis mindset. That would drive the neocons absolutely nuts - AND balance out the nutbag Scalia.
But of course, Obama wouldn't do that because it would upset some of the Repig senators. Gotta play all nicey-nice, even though they never do.
And Scalia really looks like a nutbag, doesn't he? I think "scalia" is Roman slang for "scrotum."
this court thinks the constitution should only be used as toilet paper to whipe their rich white asses
and unfortunately, so do many of the rich CONgress critters.
didnt know clarence thomas'es ass was white!
It's from takin' it IN the ass by Scalia all these years.
The Supreme court is a total stinking Reslug joke.
Last year, Habeas was only preserved by a single vote.
It's so interesting to me. These so-called law and order conservatives are the first to want to eviscerate the rule of law, the Constitution and the Bill of Rights.
that the defendant got off on a 'technicality'.
The 'technicality' was that the police or the prosecution failed to observe the law.
These 'technicalities' will be growing rare as the requirements for observing the law fall away.
Nice 1, I love you John. There are allot of nasty messes, Bush poop stains, that can't be cleaned up.
isn't helping to sway opinion much on any 4th amendment issues. It is being eroded from all sides. The Judicial, the Executive with the support of the Legislative branches. All working together to keep us safe.
I guess the fruit of the poison tree will now, or soon be, non-poison.
Well, this definitely means I say no when ever a cop comes to my door.
Can they come inside? No
Can they use the phone? No
Can they use the bathroom? No
Can they ask me a few questions? No
Can they fuck off? Definitely
Those rules don't apply to your car. Probably not your electronics devices or your person either. I had a cop tell me he could make up probable cause to justify pulling me over.
... and thats why, to be on the safe side, one should always record all conversations and interactions with cops or other authorities. The best thing would be to wear a live micro all the time and have multiple cameras hidden in your car and house, so that you can proof any wrongdoing perpetrated by them.
Then go to the kitchen and get an O.J. Simpson knife and put it in your still warm hand.
Case closed.
Heck, in L.A. the cops got away with shooting a homeless old lady with a shopping cart because she came at them with a screwdriver!
This shit is unbelievable.
Oh, great. Now we can be stopped for no apparent reason (oops, my mistake....say, what is that on your back seat?) and be charged with shit.
Is anyone out there still NOT convinced we live in a police state?
How long have we been living in a police state? 30-40 years?
10,000 national guard and 7,500 active duty military. I suppose it is the state of emergency declared for the inauguration that allows the military to get around the posse comitas (sp?) act and police its citizens?
The cops have been calling for more powers for search and seizure, they have been encouraged by 8 fucking years of lawlessness, and are already equipping themselves to ride roughshod over any damned law that gets in their way including the Constitution of the United States.
Lets all march on D.C. and protest...........?
Here's a recap on the dissolution of the Bill of Rights...
http://www.youtube.com/watch?v=sWF2I0opf7w
And a Special Comment.
A future Supreme Court is going to have a field day reversing the decisions of this clown-act majority's works. They have no more right to laud themselves for their judicious probity than did Hitler's People's Court judges. What a bunch of anti-Constitutional, fascist bozos. God only knows what kinds of gymnastic feats of intellectual dishonesty these jerkweeds need to put themselves through in order to rationalize their decisions. I wish nothing but ill for these scumbags.
If Obama will show some balls come Supreme Court justice nominating time, I'll be doubly glad that McCain lost.
Since when do courts get to ammend the Constitution of the United States. Talking about LAWS, I seem to recall one that says that it takes two-thirds vote of both houses of Congress, and ratification by three-quarters of the states to do that!
..that's what I was thinking! Talk about your activist judges, legislating from the bench!?
Isn't that exactly what the neo-cons (which I guess we've finally learned actually stands for "New Criminals"), conservotards, & evangelicals
are always pissing and moaning about?
Interesting that they are saying this unConstitutional shit at the same frigging time that 'police officers' around the country are being charged with planting evidence!!
Pastor Martin Niemöller (1892–1984) about the inactivity of German intellectuals...
“In Germany, first they came for the Communists and I did not speak up because I was not a Communist. Then they came for the Jews and I did not speak up because I was not a Jew. Then they came for the Trade Unionists and I did not speak up because I was not a Trade Unionist. Then they came for the Catholics and I did not speak up because I was a Protestant. Then they came for me - and by that time there was no one left to speak." -- Pastor Niemoller
The thugs of the crime family are doing what the crime family appointed them to do.
If this is not legislating from the bench, someone needs to explain why not.
we can still hang this one on him. But everytime the court makes a bad decision from now on it is on Obama's watch and I'm gonna remind you people of the punk ass chumps you were for not making Kucinich viable until the day Bush is arraigned, tried, convicted, and let lose on appeal by this court.
If some cop tries to force his way into my house without a search warrant; I'm going to have an accidental misfire while cleaning a weapon.
Ooops... my bad.
Just get undone, huh?
If you have nothing to hide, you have nothing to worry about.
http://jurisvodcast.com/2009/01/15/supremes-g...
Here's a video on the case with a link to the decision and dissents.
so I do not look to him or his myrmidons and bootlickers to act aggressively to protect it. He demonstrated his sympathies on the FISA bill. Regardless of party, you may expect a significant growth in Govt efforts to broaden their search and seizure powers, increase 'passive' surveillance, expand the mandate of the GWOT to spy in citizens.
Obama will not be able to nominate any truly liberal justice candidates. He'll be prevented from if by his predisposition to go along and get along. He'll maybe appoint two, possibly three hjustices, but they'll all be replacements for the so-called left wing of the Court--unless we luck the fuck out and scalia, or roberts, or alito, or Unca Tom chokes on a communion wafer...Any appointment Obama makes for the retirees we might anticipate (Stevens, Souter or Ginsberg) will be MORE conxservative than the Justices they replace...
We can only hope Scalia has a massive heart attack, because his lapdog Thomas will, as he is programmed to do on all SC votes, follow Scalia's lead and have a heart attack himself.
Then Obama can replace 2 assholes.
Who am I kidding? Scalia doesn't have a heart!
started all this bullshit and we may have to clean out washington to straighten this mess up.
Then that makes them all guilty of treason of the Constitution. And we should apply that to any and all judges who make decisions that undermine it.
Have no idea what freedom is.
The court screwed the pooch big time on this crap.
Roberts, Alito, Thomas, and Scalia = activist judges. Who went with them this time?
the conservative SCOTUS or at the least detain them for questioning.
IMHO, these bastards are the WORST at legislating from the bench. Their logic is unconstitutional.
Why should anyone be surprised. It started when Bush stold the 2000 election and will continue to drag this country until these appointees die or leave. Bush's appointment of Judges and lawyers across this country will have an effect on the general public for years to come. What a hateful bunch of bastards.
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