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January 15th, 2009, 10:15 AM #1Banned
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SCOTUS rules illegal search evidence usable sometimes
Well while we were watching the 1st and 2nd amendments the supreme court has just shot a big hole in the 4th. Search warrant invalid, oh sorry just a mistake but the evidence gained from the search can still be used in court.
http://fe11.story.media.ac4.yahoo.co...cotus_evidence
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January 15th, 2009, 10:21 AM #2
Re: SCOTUS rules illegal search evidence usable sometimes
LOL
All your Rights Are Belong to Us.==============
“If ye love wealth better than liberty, the tranquillity of servitude than the animating contest of freedom, — go from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that ye were our countrymen!”
~Samuel Adams
"I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it."
~Thomas Jefferson, 1791
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January 15th, 2009, 10:26 AM #3
Re: SCOTUS rules illegal search evidence usable sometimes
"... conservative majority ..." my ass. Authoritarian plain and simple.
It is amazing how fast you can erode something when you go at it from both sides.
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January 15th, 2009, 10:35 AM #4
Re: SCOTUS rules illegal search evidence usable sometimes
Wow, I can't believe I'm siding with Liberal Justices on something!
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January 15th, 2009, 10:45 AM #5
Re: SCOTUS rules illegal search evidence usable sometimes
This almost brought a tear to my eye. While I am not a fan of illegal activities, I am in favor upholding the Constitution. These Judges, who's purpose is to uphold the Constitution have let down our forefathers and the American people. Shame on them.
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January 15th, 2009, 10:54 AM #6Super Member
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Re: SCOTUS rules illegal search evidence usable sometimes
They're trying to combat the problem of a typo or some kind of error, not abuse.
If you're serving a search warrant for 100 Elm Street and you execute the warrant and find whatever it was you're looking for, but the street address on the paper says 1000 Elm street, yet everything else was correct, is the case now invalid? No longer.
Again, getting someone's middle name wrong on paperwork shouldn't invalidate a case against someone.
If a bunch of cops kick your door for no reason just to see what you're doing, that is a completely different story, and that protection still exists.
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January 15th, 2009, 11:07 AM #7
Re: SCOTUS rules illegal search evidence usable sometimes
This is going to be interesting... what exactly IS the interpretation of;
"when police mistakes are the result of negligence such as that described here, rather than systemic error or reckless disregard of constitutional requirements."
I can see this taking DECADES and countless millions of defendants money to figure out
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January 15th, 2009, 11:10 AM #8
Re: SCOTUS rules illegal search evidence usable sometimes
Well, we aren't using the rest of the Constitution, may as well throw the fourth on the bonfire, too.
"Never give up, never surrender!" Commander Peter Quincy Taggart
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January 15th, 2009, 11:24 AM #9
Re: SCOTUS rules illegal search evidence usable sometimes
An error is an error. The police should not be able to benefit from their own errors. What if they confused you with someone with a similar name on a warrant?
What if it were you that the police had an invalid warrant for? They searched and found something they didn't like. Would you stand back and say, you got me? No, you would fight the illegally obtained evidence.
Illegal searches are not Constitution whether because of a typo or willful disregard.
One more level of erosion.
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January 15th, 2009, 11:27 AM #10
Re: SCOTUS rules illegal search evidence usable sometimes
Oops, we made a mistake. Wrong house. But since we are here, you are laying naked and handcuffed on the floor, and we are pointing our guns at your head, we are going to toss the place any way - OK?
The government should never benefit from their mistakes at the expense of a citizen!
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