Are Illegal Searches by Police OK if It’s an “Honest Mistake”?
Question by _______: Are illegal searches by police OK if it’s an “honest mistake”?
Basically, the police used a search warrant to search a guy’s house. While searching the house they found some meth and a loaded gun. Turns out the warrant was 5 months old and no longer valid—the police had failed to properly update their databases.
The court now says that the charges stemming from the meth and loaded gun are valid despite the fact the evidence to prove that was collected during an illegal search and seizure (Which is supposedly protected by the 4th amendment of the U.S. Constitution) BECAUSE IT WAS AN HONEST MISTAKE.
Do you think your 4th amendment rights should be nullified in a situation where the police make an honest mistake??
http://news.yahoo.com/s/ap/20090114/ap_on_go_su_co/scotus_evidence;_ylt=Aj0nJfEJIhPJp1i8YRaTu3Cpg9IF
“…But 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.”
So none of you think “an honest mistake” can be engineered with enough money?? Not talking about this case, but in the future…
So the moral of the story is: you have 4th amendment rights unless the police are too lazy and/or incompetent to update a data base. 5 months is A LONG TIME.
This is pathetic. But the court says it’s OK……..(sarcasm)
jake f……….THE POLICE ALSO BROKE THE LAW.
This case is basically saying police can arrest a criminal, BY BEING IN VIOLATION OF THE LAW.
brown………..I didn’t say there was any “motive”……I’m simply saying that in a case of the govt. making “mistakes” the citizen is protected FROM THE GOVT. by the Constitution.
Best answer:
Answer by subwlimnuflik
Apparently they are. Maybe the guy should have hid his meth a little better.
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