Court says evidence is valid despite police error

[thundley4]

WASHINGTON – 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.

Yahoo

For once, I find myself siding with the minority libs on an issue.  I think that they USSC just made it easier for police to make "simple, honest" mistakes, to find evidence.

[rich_t]

This is NOT a good thing.

[lizard]

Definitely NOT a good thing.   

[DumbAss Tanker]

The converse is that the police show up at the wrong house thans to a typo in the warrant, actually don't do anything crazy like a SWAT team forced entry on some granny, and find a dismembered body, which they would have to ignore if the minority position won. 

[rich_t]

The converse is that the police show up at the wrong house thans to a typo in the warrant, actually don't do anything crazy like a SWAT team forced entry on some granny, and find a dismembered body, which they would have to ignore if the minority position won. 

This ruling is the next step toward the total elimination of the 4th amendment protections.

[RightCoast]

This ruling is the next step toward the total elimination of the 4th amendment protections.

Really?

[DumbAss Tanker]

This ruling is the next step toward the total elimination of the 4th amendment protections.

It's actually been the law for several decades and we aren't enslaved yet.  What this case was about was whether or not to change to a more restrictive rule.

[rich_t]

Really?

IMO, yes.

[rich_t]

It's actually been the law for several decades and we aren't enslaved yet.  What this case was about was whether or not to change to a more restrictive rule.

Much like the 2nd amendment, the 4th has been under a steady and constant attack for decades.  And for decades the courts have bit by bit allowed the erosion of the rights protected by these amendments.

It is a death of a thousand cuts, but a death none the less.  The America that my grandparents grew up in is dying fast, many of the freedoms that they had are already gone.  I don't see this trend stopping anytime soon.

[formerlurker]

On July 7, 2004, Investigator Mark Anderson of the
Coffee County Sheriff’s Department was told by another
officer that petitioner was retrieving property from an impounded
vehicle at the Sheriff’s Department. Pet. App. 2a,
13a-14a; J.A. 17. Investigator Anderson, who knew petitioner
and had been told by another officer that there was
an outstanding warrant for petitioner’s arrest, asked warrant
clerk Sandy Pope to check the Coffee County Sheriff’s
Department’s internal records. Pet. App. 2a; J.A. 16, 18.
When Pope reported that there were no active warrants in
Coffee County, Investigator Anderson asked her to check
with neighboring Dale County. Pet. App. 2a. Pope telephoned
the Dale County Sheriff’s Department, and was
told by its warrant clerk, Sharon Morgan, that a check of an
in-office database maintained by the Dale County Sheriff’s
Department showed an active warrant for petitioner’s arrest
on charges of failure to appear on a felony charge.
Ibid. Pope relayed the information to Investigator Anderson
and asked Morgan to fax her a copy of the warrant. Id.
at 2a, 14a; J.A. 34-35, 40-41.
3
Investigator Anderson and Deputy Neil Bradley immediately
left the station to pursue petitioner, who was already
leaving in a pickup truck. Pet. App. 2a; J.A 19-20. The officers
pulled over petitioner’s truck less than a mile from the
Coffee County Sheriff’s Department and placed him under
arrest. Pet. App. 2a; J.A. 25. In petitioner’s pocket, the
officers found methamphetamine. Pet. App. 14a. Under
the pickup’s front seat, they found a handgun. Id. at 3a.

http://www.abanet.org/publiced/preview/briefs/pdfs/07-08/07-513_Respondent.pdf

In this case the petitioner did have a warrant for his arrest that was rescinded.   This is not an example of a police officer fabricating "simple, honest mistakes" to find evidence.   This was an actual mistake.  

Had no warrant ever existed, it would be a different story.    Of course, if this POS did not have a felony rap sheet, with illegal drugs and gun in his vehicle then he would have been released with an apology and a lawsuit to pursue.