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Gov't Database Errors Leading To Unconstitutional Searches?
Wired is running a story about a case the Supreme Court will be hearing on Tuesday that relates to searches based on erroneous information in government databases. In the case of Herring vs. US 07-513, the defendant was followed and pulled over based on a records indicating he had a warrant out for his arrest. Upon further review, the local county clerk found the records were in error, and the warrant notification should have been removed months prior. Unfortunately for Herring, he had already been arrested and his car searched. Police found a small amount of drugs and a firearm, for which Herring was subsequently prosecuted. Several friend-of-the-court briefs have been filed to argue this case, some calling for "an accuracy obligation on law enforcement agents [PDF] who rely on criminal justice information systems," and others defending such searches as good-faith exceptions [PDF].
isn't it customary for the courts to throw out illegally obtained evidence? it's my understanding that this is done so as to discourage prosecutors & law enforcement from doing illegal/warrantless searches.
if the courts routinely allowed illegally obtained evidence/testimony/etc. to be used, then it would encourage law enforcement professionals to encroach on the rights of individuals if they think it will get a conviction. if you don't throw out confessions obtained through torture, then law enforcement will start using torture to gain confessions--it's the same principle.
i know that many people hold personal prejudices against drug users, but a corruption of justice is a corruption of justice, regardless of who it happens to. it just happens to drug users and low income individuals more often because they can't defend themselves, and they have more run ins with the law.
one of my good friends in Chicago was a former heroin addict. he was a really friendly guy and a kind and honest person. however, he started using heroin at a very young age. this inevitably landed him in jail. he's in his late 20's now and has been through the system many times on drug possession charges (never for drug dealing or theft, or anything other than drug possession). and he's recounted to me several occasions where he's been wrongly imprisoned due to clerical error.
one time in particular he'd just finished serving time for a drug offense (i think it was something like a 6 month sentence), and the very weekend he got out he was picked up again and taken back to jail. he hadn't broken any laws, but the patrol vehicle computer showed that he had an outstanding warrant. apparently the warrant was issued while he was doing time for his last sentence. the warrant was for an offense registered in a different county, and so they didn't realize that he was already in prison. he knew that there'd been a mistake, but he couldn't make bail and ended up having to spend another few weeks in jail until it was shown that he'd been falsely imprisoned and the warrant shouldn't have been issued in the first place.