Thursday, January 15, 2009

Herring v. U.S., 07-513: Death Knell For Liberty?

I know, not too many people are concerned with the next man's liberty. But we do well to remember that, to the next man, each of us is the next man.

This time, Dean Herring was the next man. He was arrested on an outstanding warrant, and they found meth on him and a gun in his car. Do not pass go, do not collect $200.

The only problem in this mess? Dean Herring's outstanding warrant had been canceled but the computer records were not updated to reflect that fact. The police should not have arrested him. Most Americans would tell you, based on the sense of Justice that God built into us each, that, since he was arrested on a bogus warrant, the evidence the police found is inadmissible in court.

The supreme Court has said, in effect, that most people would be wrong. As Uncle points out, this is a further erosion of your right to be free from unreasonable searches and seizures.

You see, it was just negligence that resulted in this man going to prison for probably several years. No hard feelings, right Dean? Dean? Hello? Oh, that's right, Dean is in PRISON with NO [deleted] CHANCE of getting out. Good. Another junkie off the streets, right?

First they came for the junkies, and because I was a junkie, I did not speak up.

?

How hard is it for a crooked policeman to "make an honest mistake?"

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."

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