US SUPREME COURT ABOLISHES 4TH AMENDMENT PROTECTIONS

Ok, I really hope that I’m wrong on this but it looks like the Supreme Court of the United States has ruled that any evidence found from a search that was a mistake but not an intentional violation of your 4th Amendment rights still bears evidence that can be used in court.

Here’s a link to a recent Supreme Court Decision:

Herring v. United States

Docket: 07-513

Issue: Whether the exclusionary rule should apply to evidence seized incident to an arrest unlawful under the Fourth Amendment due to erroneous information negligently provided by another law enforcement agency.

And here’s the Argument Preview:

In Arizona v. Evans (1995), the Supreme Court held that the exclusionary rule did not apply to evidence seized incident to an arrest that was unlawful under the Fourth Amendment because it was based on erroneous information negligently provided by a court employee. The question now before the Court is whether the exclusionary rule also applies when the erroneous information is negligently provided by law enforcement personnel.

So, there goes the 4th Amendment, nice knowing you.

And here comes the PR blitz announcing it:

This is the opening paragraph to EVERY STORY INDEXED IN GOOGLE. Talk about a direct message.

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

Just click it to see the google results. Here’s a screenshot right now for history:

Google Screen Shot 1-14-2009

The exclusionary rule is the reason police get warrants. If they don’t have a valid search any evidence would be excluded since it would have been obtained illegally. Now that effect is gone as long as it was ‘a mistake’.

A mistake

Oops, we searched you illegally but you’re fucked anyways.

This isn’t freedom. I really can’t think anything yet as this is a serious direct blow. It’s over, we lost and they’re announcing it.

I don’t know what else to say. Good night.

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  • h3

    A sad day for a once free country.

    Welcome to the police state.

  • http://www.reddit.com NobodyYouKNow

    From what the common consensus for the intellectual elite on reddit.com is that this doesn’t remove the 4th amendment but rather has to do with the clerical side of evidence gathering and control. Like a gun is found with a valid search warrant in a case but when it’s being logged and filed at the police station the gun is mislabeled or some other clerical “mistake” that in a court trial might have been deemed “inadmissible” it no longer is a loop-hole for removal.

  • http://fe11.story.media.ac4.yahoo.com/news/us/story/ap/20090114/ap_on_go_su_co/scotus_evidence lawstudent

    It’s a very narrow holding, and the 4th amendment is fine.

    The effect is not a big deal practically speaking, but the decision demonstrates again that some members of the court value being tough on crime more than being stalwart guardians of civil liberties.

  • nomore

    The mistake in this case was an expired warrant for the arrest of a man in another county. It expired 5-6 months prior, but the database hadn’t updated. This opens up glitches, update issues, and mistypes to allow searches or wiretapping illegally. All of which can easily be intentionally done in a manner that looks like an error. Oh geez I misread the address, oops, I guess you’re busted.

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  • Chadachada123

    Well, there goes even more protections…

    This sucks. I liked having the 4th Amendment.