The title says it all. Upon my daily Yahoo! news grab, I came across this article. Court says evidence is valid despite police error In a nutshell, faulty record-keeping led to a man being searched and arrested for possession of amphetamines and an unloaded weapon in his vehicle. The problem in question? Those whose job it is to uphold the constitution have failed us yet again! So much for checks and balances...
Need proof? 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." For reckless disregard of constitutional requirements, see the Fourth Amendment. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. This WAS an unreasonable search and seizure, probable cause was later fount to be non-existent, and he was violated because he was prosecuted based on things to be seized. Also from the article: 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.So, his constitutional rights were violated, yet he was still arrested? This reminds me far too much of the move Brazil, where a typographical error led to the arrest of an innocent man and the sweeping cover-up assigned to it. Great film!
One large problem with this fiasco is that the court is shifting power away from judges and into the hand of the police. Officers in this country are having their accountability taken away from them by the Court. How many cases of erroneous decision led to a fatality? The most recent example is Oakland. Also, what about Sean Bell? Amadou Diallo? These officers were let off and in some cases settlements were met, but where's the legal liability? Especially in the case of Sean Bell: you murder somebody by pumping 40+ rounds into an unarmed man and evade jail time? Your job shouldn't be allowed to protect you.
This is when democracy fails. Every time we vote for a politician that promises to put the American people first and then doesn't(they're all guilty; I'm not pandering), who pays? The citizens that put these ego-heads in power do. The Founding preambles have been disregarded, and the law can now be bent at will to support whatever cases may come its way instead of holding onto the Constitution with an iron fist. Partisan hackery will the the end-all of this country. Washington warned against it in his final farewell speech, yet the Fathers are merely window dressing for when you have to sit somebody down and explain their "freedoms". I believe it's time for this country to get back on track and focus on priority.
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