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Justices allow evidence seized on errors, false information (misleading title-was crime)
Chicago Tribune ^ | 1-14-09 | David G. Savage

Posted on 01/14/2009 5:41:56 PM PST by STARWISE

The Supreme Court limited the use of the so-called exclusionary rule Wednesday and said that evidence seized by the police need not be thrown out if officers later learn their search warrant was faulty because of a computer mistake.

Chief Justice John Roberts said the exclusionary rule was intended to deter the police from conducting illegal searches of homes and cars..... not intended to give criminals a free pass if officers search the wrong house or car because of a computer error at police headquarters, he said.

In a 5-4 ruling, the court upheld the drug and gun charges against an Alabama man who was stopped on a highway by an officer who had been told there was an outstanding arrest warrant for his arrest. It turns out that was a mistake.

(Excerpt) Read more at chicagotribune.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Government
KEYWORDS: criminal; drugs; illegalsearch; justicejohnroberts; scotus; wod
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Ooh, the perp just happened to be in possession of methamphetamines and a pistol!

~~~

David Savage, learn how to REPORT the news.

1 posted on 01/14/2009 5:41:57 PM PST by STARWISE
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To: STARWISE
More importantly, or octogenarian Liberal minority on the Court seem to be of the impression that computers can be held personally accountable, just like real policemen.

Now this may simply be a case of senility, or it could be very avant garde ~ because at some time in the future the computers are definitely going to be in charge and making all the rules.

So, whadda' ya think, that ol'coffee sniffer Ruthy? Is she senile or is she ultra modern?

2 posted on 01/14/2009 5:46:32 PM PST by muawiyah
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To: STARWISE

I think this is OK, in this case.

The “computer” said this guy had a warrant. A search was conducted and drugs were found. The guy was charged for that. Later, the “computer” was found to be in error about the warrant.

The cop didn’t knowingly violate the law, and the perp did.

AFAIAC, justice is served. Case closed.


3 posted on 01/14/2009 5:52:23 PM PST by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: clee1

Absolutely! The title fails to convey the ‘rest of the story.’


4 posted on 01/14/2009 5:54:00 PM PST by STARWISE ((They (Dims) think of this WOT as Bush's war, not America's war-RichardMiniter, respected OBL author)
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To: STARWISE

Thank you George Bush for maintaining a conservative court.


5 posted on 01/14/2009 5:54:59 PM PST by keving (We get the government we vote for)
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To: STARWISE
Chief Justice John Roberts said the exclusionary rule was intended to deter the police from conducting illegal searches of homes and cars..... not intended to give criminals a free pass if officers search the wrong house or car because of a computer error at police headquarters, he said.

IMO, the exclusionary rule is an abomination; if evidence is illegally obtained it doesn't change its substantive fact. If the police commit a crime in obtaining it, we should punish them appropriate to the crime, which would be a real deterant.

6 posted on 01/14/2009 5:54:59 PM PST by Carry_Okie (The environment is too complex and too important to manage by central planning.)
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To: Carry_Okie

I’d agree that punishing both the citizen perp AND the cops (not just the searching cop, but up the chain of command) is a fair outcome.


7 posted on 01/14/2009 5:58:06 PM PST by Paladin2 (No, pundits strongly believe that the proper solution is more dilution.)
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To: keving
Thank you George Bush for maintaining a conservative court.

Indeed and may nothing bad happen to Chief Justice Roberts or Justices Scalia, Thomas, Alito or Kennedy. If any of them is replaced by Obama, the Constitution will cease to be in effect.

8 posted on 01/14/2009 6:15:01 PM PST by Repeal 16-17 (Let me know when the Shooting starts.)
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To: STARWISE

I can’t say I’m found of this decision. ATF will have a field day with this.


9 posted on 01/14/2009 6:31:58 PM PST by em2vn
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To: em2vn

What you want to avoid, though, is crooked cops setting someone up by having the computer be filled with “errors”, for which they are not responsible.


10 posted on 01/14/2009 7:06:57 PM PST by CondorFlight (I)
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To: STARWISE
I know that we have to be real careful about things like the exclusionary rule but..

Officer Down Memorial Page

Mr. and Mrs. Ayers are murderers?

Why can't we be just as careful about letting murderers off because of technicalities? Some insist that they are very likely responsible for the murders of policemen.

Who besides academe employees and MSM employees are protecting these two?

11 posted on 01/14/2009 7:29:42 PM PST by WilliamofCarmichael (If modern America's Man on Horseback is out there, Get on the damn horse already!)
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To: Repeal 16-17

Once Obama starts nominating leftists to the Supreme Court, it will be all over for honest effort law enforcement, and the police will be sued or jailed, just like the two Border Patrol agents Ramos and Compean.

Enjoy the last days of constitutional protection from criminals. We will live to see that day of Obama’s “Criminals Supporting Supreme Court” (CSSC).

And the bodies will continue to pile up.


12 posted on 01/14/2009 8:17:20 PM PST by MadMax, the Grinning Reaper
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To: STARWISE
Given the fact that data integrity is more important every day, and the consequences that errors in data can have dramatic consequences, this decision is not one that I could support. There have to be consequences to governmental agencies not policing their data, otherwise, there is no incentive for them to keep accurate data. I'm not really surprised at this court once again erring on the side of expanded police powers though. Seems to be the way of things.
13 posted on 01/14/2009 9:59:48 PM PST by zeugma (Will it be nukes or aliens? Time will tell.)
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To: STARWISE

Isn’t this the country where people are governed by the Rule of Law? The evidence is out. Doesn’t matter what the mistake was.
On the other hand, now that we’ve abandoned the statute of limitations rule (Ledbetter v Goodyear), can we put Ayers in jail? (that’s a joke)


14 posted on 01/14/2009 10:18:47 PM PST by Bhoy
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To: zeugma
Given the fact that data integrity is more important every day, and the consequences that errors in data can have dramatic consequences, this decision is not one that I could support. There have to be consequences to governmental agencies not policing their data, otherwise, there is no incentive for them to keep accurate data. I'm not really surprised at this court once again erring on the side of expanded police powers though. Seems to be the way of things.

The compromise I would support would be to leave the conviction, but to commute the sentence. That way if the person is ever caught again he has a record and can have his sentence increased as a prior offender. Prior to this ruling, at one end of the pendulum swing the person was let off scott free. Now we are at the other end where the conviction and sentence will stand. My proposal would put us in the center.

- Illegal search, contraband found = person walks, no record, contraband forfeited

- Legal but accidental search, contraband found = person convicted but walks with a record, sentence commuted

- Legal but accidentally improper search, nothing found = person walks, smallish civil fine on police paid to person injured if harm found after civil trial if person desires it (no shield in hiding behind sovereign immunity)

- Legal search, contraband found = conviction, serves full sentence

- Illegal search, no contraband found = person walks, large civil fine on police paid to person injured paid out of police retirement fund (no shield in hiding behind sovereign immunity), policeman fired

I don't know fully though. I'm still thinking it over. Any thoughts?

15 posted on 01/14/2009 11:20:21 PM PST by FreedomCalls ("not unprecedented")
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To: FreedomCalls
Any thoughts?

Just one.

Blatantly illegal search, trunkful of still warm human body parts in the trunk = perps walk.

Isn't mindless absolutism wonderful?

16 posted on 01/14/2009 11:41:40 PM PST by Publius6961 (Change is not a plan; Hope is not a strategy.)
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To: Bhoy

Boy, I’d LOVE to see that happen (with Bernadine in the next cell).


17 posted on 01/15/2009 12:00:58 AM PST by STARWISE ((They (Dims) think of this WOT as Bush's war, not America's war-RichardMiniter, respected OBL author)
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To: WilliamofCarmichael

See #17~~~ wishing .....


18 posted on 01/15/2009 12:02:37 AM PST by STARWISE ((They (Dims) think of this WOT as Bush's war, not America's war-RichardMiniter, respected OBL author)
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To: Publius6961

At least he would have a record. /s


19 posted on 01/15/2009 5:22:50 AM PST by pas
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To: STARWISE

How do they KNOW it was a “computer error”? SOMEONE keyed something wrong. Maybe someone at HQ, or even in the patrol car, fudged the data so these guys would have an excuse to stop him.


20 posted on 01/15/2009 6:01:28 AM PST by 2harddrive (...House a TOTAL Loss.....)
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