The Warring States of NPF

The Warring States of NPF (http://www.nuklearforums.com/index.php)
-   Dead threads (http://www.nuklearforums.com/forumdisplay.php?f=91)
-   -   Ignorance of the Law is Totally an Excuse (http://www.nuklearforums.com/showthread.php?t=33190)

Fifthfiend 01-17-2009 04:47 AM

Ignorance of the Law is Totally an Excuse
 
Since we were just discussing Bush's performance over the last eight years now seems like a good time for a reminder that his Supreme Court Justices will be using our Constitution for kindling for the entire rest of their functional lives.

Quote:

Drug evidence found during an unlawful arrest arising from a police computer error could be used at trial, a divided Supreme Court says.

The 5-4 decision on Wednesday means that the nation's high court is distancing itself from the so-called "exclusionary rule" that prohibits police from using evidence obtained from illegal searches. In this instance, the court ruled that there was an innocent mistake: an erroneous computer record about a motorist stopped in traffic by Alabama authorities stating he had an outstanding arrest warrant, which made him eligible for an automatic search.

Four dissenting judges said the search, which found drugs and a gun, violated Bennie Dean Herring's Fourth Amendment rights to be free of unreasonable searches.

"The most serious impact of the court's holding will be on innocent persons wrongfully arrested based on erroneous information carelessly maintained in a computer database," Justice Ruth Bader Ginsburg wrote (.pdf) in a dissenting opinion.

After an officer stopped Herring, a clerk messaged him that he was a fugitive who did not appear in court on a felony accusation. The officer subsequently searched Herring and found methamphetamine and a gun. Moments later, the clerk called back the officer and said the warrant had been vacated -- a fact that was not entered into the police's computer database.

Writing for the majority, Chief Justice John Roberts said evidence could be used against the motorist because the police mistake was a "negligent bookkeeping error" and that the authorities did not deliberately violate Herring's rights.

Madcow9000 01-17-2009 05:04 AM

The constitution became a bit of a moot point right after Bush ignored the Geneva Convention and established guantanamo. shortly after that he condoned the use of eavesdropping on conversations, these people are just his legacy and we'll have to just put up with them or find some way to get rid of them. Personally, this ruling worries me. It seems like these people are practicing the same errors that I always believed Bush made, which is short sighted solutions.

These judges may have meant well in allowing the police to keep a guy in custody when he obviously was performing illegal action, which I can understand. What I don't think they are seeing is the bigger picture. Due to their ruling on this any douchebag jerk that feels like raiding your house looking for evidence, whether there is any or not, can just cite this case and claim it was justified.

And this is coming from a jerk that raids people's houses for a living.....

Professor Smarmiarty 01-17-2009 07:01 AM

Well you can't use this as precedent for just searching anyone because the original statement says that it was upheld because there was no deliberate violation.
Though you know, one could just fake a computer error or misheard phonecall.

It's still not a good sign, however, to erode away people's rights to free them from unwarranted harassment from cops.
And, obviously, constitutional rights. Cause once that starts who knows where they will stop.

Bob The Mercenary 01-17-2009 08:29 AM

You should see how many unreasonable searches we get over here per month. I think I'm the only one out of my group of friends who hasn't gone through the experience yet. One of them has actually been pulled through his car window twice because cops mistook his Ritalin for drugs.

Since we're on the topic, isn't Jose Serrano trying to get the 22nd amendment repealed so presidents can rule forever? I know Republicans tried this with Reagan back in the day, so it's not technically anything new.

Pip Boy 01-17-2009 09:54 AM

Quick question: If a school searches your car and finds alcohol, and you get busted for it, can you sue for an illegal search, assuming it wasn't visible from the outside of the car? Or do they have some loophole where you automatically consent to anal probes by being alive and at the school?

Jagos 01-17-2009 10:16 AM

Quote:

Originally Posted by Madcow9000 (Post 886062)
The constitution became a bit of a moot point right after Bush ignored the Geneva Convention and established guantanamo. shortly after that he condoned the use of eavesdropping on conversations, these people are just his legacy and we'll have to just put up with them or find some way to get rid of them. Personally, this ruling worries me. It seems like these people are practicing the same errors that I always believed Bush made, which is short sighted solutions.

These judges may have meant well in allowing the police to keep a guy in custody when he obviously was performing illegal action, which I can understand. What I don't think they are seeing is the bigger picture. Due to their ruling on this any douchebag jerk that feels like raiding your house looking for evidence, whether there is any or not, can just cite this case and claim it was justified.

And this is coming from a jerk that raids people's houses for a living.....

Though I'm not disputing what you say, I have to say that Guantanamo is shutting down (Obama's making sure of that), Bush and his admin backed off the illegal search and seizures by getting court orders for such and there's always going to be someone that uses the law to their own personal sense of entitlement.

Relm Zephyrous 01-17-2009 10:24 AM

Quote:

Originally Posted by Megaman FTW (Post 886102)
Quick question: If a school searches your car and finds alcohol, and you get busted for it, can you sue for an illegal search, assuming it wasn't visible from the outside of the car? Or do they have some loophole where you automatically consent to anal probes by being alive and at the school?

I'm pretty sure that by attending the school you automatically consent by law to anything that they deem necessary. So in short, you can sue, but it probably won't do any good.

42PETUNIAS 01-17-2009 10:41 AM

Quote:

Originally Posted by Jagos (Post 886106)
Though I'm not disputing what you say, I have to say that Guantanamo is shutting down (Obama's making sure of that), Bush and his admin backed off the illegal search and seizures by getting court orders for such and there's always going to be someone that uses the law to their own personal sense of entitlement.

Stopping after you've been caught and relentlessly attacked for doing something and respecting the law are not the same thing.

Eltargrim 01-17-2009 11:52 AM

This trend is going on in Canada as well. There haven't been nearly as many cases making it to our supreme court, and sometimes our lower courts kick the offending cases out of their courtroom, but it's the fact that they're even being considered that makes me worry. I believe one of the latest ones was that the severity of the evidence found negated the fact that it was an illegal search.

Mirai Gen 01-17-2009 12:12 PM

Quote:

Originally Posted by Madcow9000 (Post 886062)
The constitution became a bit of a moot point right after Bush ignored the Geneva Convention and established guantanamo. shortly after that he condoned the use of eavesdropping on conversations, these people are just his legacy and we'll have to just put up with them or find some way to get rid of them.

Is it actually the people in the Supreme Court that are the problem or hasn't he just basically shown everyone hey, the laws don't mean shit, go have some fun?

And I'm not being sarcastic, I'm genuinely curious (if extremely skeptical) that this problem will leave with Bush's justices.


All times are GMT -5. The time now is 03:11 AM.

Powered by: vBulletin Version 3.8.5
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.