say goodbye to your Constitutional rights

[El Karacho1647545492]

I didn't see this link anywhere else hopefully not a repost.

 

 

http://news.findlaw.com/ap/a/w/1154/01-14-2009/20090114123507_01.html

 

 

Court says evidence is valid despite police error

 

By MARK SHERMAN Associated Press Writer

WASHINGTON (AP) - 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.

GOODBYE FOURTH AMENDMENT, IT WAS NICE KNOWING YOU.

 

 

All you people blaming all our problems on Obama can suck a conservative Supreme Court cock right now.

[kenny]

This country has been going downhill since the end of WWII. No breaking news.

[El Karacho1647545492]

This country has been going downhill since the end of WWII. No breaking news.

 

Yeah but I think this is the first time I can remember that the Supreme Court, which is supposed to defend the Constitution as it is, has basically just straight up said that its okay for the 5-0 to do whatever the hell they want to innocent

[sol740]

That is sad to hear.

[RedRocket1647545505]

I'm starting to hate this country.

 

$20 says that every unreasonable search and seizure from here, on out, will be a 'mistake'.

[Devils Advocate]

Fan frigging Tastic.

 

 

 

 

 

BUT DEH POLEEZ MAKES US SAFE!1!1

[Wonderboy]

I was just watching videos about different illegal search and seizures yesterday. And then I read an article today that was talking about all the controversy around the government doing wire taps and checking e-mails and what not, and how they decided its no longer illegal. Now Im reading this shit, what the fuck? It gets depressing to think about how fucked we are all gonna be in a few years. And even worse is that there isnt really anywhere to move to be safe from this shit. It seems like the rest of the world is just as fucked already.

[El Karacho1647545492]

I was just watching videos about different illegal search and seizures yesterday. And then I read an article today that was talking about all the controversy around the government doing wire taps and checking e-mails and what not, and how they decided its no longer illegal. Now Im reading this shit, what the fuck? It gets depressing to think about how fucked we are all gonna be in a few years. And even worse is that there isnt really anywhere to move to be safe from this shit. It seems like the rest of the world is just as fucked already.

 

i don't care about having to pay taxes for universal healthcare and shit, i'm moving to canada to get out of this fucked up police state. we've reached a peak of decadence, and this is how it ends.

[Wonderboy]

i don't care about having to pay taxes for universal healthcare and shit, i'm moving to canada to get out of this fucked up police state. we've reached a peak of decadence, and this is how it ends.

 

The only problem I see with that, is that its still too close. I thought about moving there when I was 18 and decided that its still just too damn close. If anything catastrophic were to happen to america Im pretty sure canada would feel the effects as well. Ive considered australia but, they've already got a gun ban established which would leave no defense against the 3ft tall spiders. And I cant really think of any other cool places to live. So I have concluded that we're all fucked. lol

[Scotty2Hotty]

Maybe it's time for Revolutionary War part deux? Just a thought......................... there's plenty of Patriots that swore on the same Constitution they swore to uphold, even if OUR own .GOV won't follow it.

[Wonderboy]

Maybe it's time for Revolutionary War part deux? Just a thought......................... there's plenty of Patriots that swore on the same Constitution they swore to uphold, even if OUR own .GOV won't follow it.

 

Ill tell you what, I would be more than willing to fight and die if thats what it takes to get this country back to how it should be. Growing up I never considered myself a "patriot" because I was against most of the things that we stand for as a country/ society. I even considered moving out of the country (canada). But, as Im getting older/ smarter Im realizing that those arent the things that we truly stand for, its just what we have allowed ourselves to represent and, there is no where else in the world that I would rather live. I have noticed more and more that I am actually proud of the country I live in and what we have accomplished. With these fucks threatening everything that was once great about this nation I find myself feeling more and more patriotic everyday, it starts to put things into perspective a little better. I now understand the value of our "rights". I just hope that I never have to understand the "costs" of those rights.

[sol740]

Maybe it's time for Revolutionary War part deux?

 

 

Every 100 hundred years or so.

 

Though honestly at this point, people in the US are too comfortable in their daily lives. Things will have to become much worse before anything that drastic will occur.

[Wonderboy]

Every 100 hundred years or so.

 

Though honestly at this point, people in the US are too comfortable in their daily lives. Things will have to become much worse before anything that drastic will occur.

 

Sadly, that is very true and one of our biggest problems. People are too comfortable and are afraid to mess up their comfort by getting rough with the law and standing up for themselves or their rights. Drink 40's, Fuck Bitches.

[Scotty2Hotty]

Listen to the words our Founding Fathers wrote. They speak of the life, liberty and persuit of happiness. I can't say this new Washington politics shit is "We the people, for the people."

Here is some wise sayings from one of the foremost Patriots:

"A wise and frugal government, which shall leave men free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor and bread it has earned - this is the sum of good government."

 

"A Bill of Rights is what the people are entitled to against every government, and what no just government should refuse, or rest on inference. "

 

"Every generation needs a new revolution."

 

"Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny. "

 

"For a people who are free, and who mean to remain so, a well-organized and armed militia is their best security."

 

Finally

"History, in general, only informs us of what bad government is."

 

I do not speak ill of MY Government, but I will let you inside the mind of a man who saw this way back from the 1700's. If you don't recognize this, Thomas Jefferson was the man who spoke these very true and profound words. I only wish for once I could have lived in his time period, to experience what the begining was like.

[RedRocket1647545505]

Every 100 hundred years or so.

 

Though honestly at this point, people in the US are too comfortable in their daily lives. Things will have to become much worse before anything that drastic will occur.

 

i.e. People are pussies these days.

[Scotty2Hotty]

Every 100 hundred years or so.

 

Though honestly at this point, people in the US are too comfortable in their daily lives. Things will have to become much worse before anything that drastic will occur.

 

Amen. Most Americans never will understand that fact, nor have many been without their rights to truly cherish them. Politicians will make the public opinion feel good, but continue their ways of BS and greed. No longer is service to one's country a paramount ideal, it's but a distant faded black and white picture in today's politics.