Illegal Search and Seizure

[MC Pee Pants]

Is it just me or our rights being slowly taken away?

http://www.guardian.co.uk/world/2009/jan/14/supremecourt-constitutionandcivilliberties

My girlfriend and I were talking about this last night, since she has a degree in Criminal Justice, and it's a pretty scary thing because it can open the door to a lot of things.

[Syd]

It's a good ruling. It helps clarify things since there's little real interpretation of the 4th and how it is applicable in situations like this. To me, the state acted in good faith and excluding the evidence is ultimately wrong. One hand didn't know what the other was doing and because of that I agree with the majority opinion that it does little to deter bad record keeping. Had it been in the same agency, the same county police then yeah, it must be excluded because no matter what it appears tainted.

[high fly]

Stop by one of the major book stores and spend some time thumbing through recent books by Judge Andrew Napolitano.

Nowadays the FBI can write it's own warrants, which removes the check of having to go to a judge (different branch of government) and show probable cause for a warrant. They just have to claim it is a case of "national security."
Napolitano cites a number of such cases, one comes to mind of a strip club owner who was investigated for failing to pay taxes, and this was deemed a "national security" case.

Also, if someone is a custodian of records, say a local librarian, and the FBI comes in with one of these national security letters and demands your records, not only is that librarian's free speech eliminated by her not being able to tell you they came by and got your records, the librarian is looking at 5 years in the poke if she answered truthfully if asked about it while sworn in on a witness stand in a trial.

[ChrisTheCop]

Well, the cry of our rights being slowly taken away doesnt necessarily apply here.
It was a mistake, and the cops (apparently) acted on good faith.

Also--this was a bad guy. He had a warrant 5 months prior, but figured it was ok to carry a gun...so he's not an innocent here. However:

I'm surprised the evidence wasnt thrown out, but then, I'm in NYC where everything is.

[west milly Tom]

Unfortunatly, we now live in a police state. Where the social compact implies the police are there to protect the citizens, now the role of the police is to levy fines and control citizens.
Chris, this is in no way a slam on you or other police, its a comment on broader policy. I have nothing but respect for city cops so please don't take me the wrong way.

[Puggle_kicker]

Also--this was a bad guy. He had a warrant 5 months prior, but figured it was ok to carry a gun...so he's not an innocent here.

A typical law enforcement response . . . but defendants rights still should stand tall.

[MC Pee Pants]

Lets say the cops had no probable case to search your home or whatever it is. They could punch up a warrant, claim it to be a clerical error in the system and whatever's going on in your house they could get you for.