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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].
Having a recent warrant out for arrest, being already charged with a crime, out on bail, or already been convicted of a crime. Seems like reasonable suspicion of criminal activity to me.
It is not as if the police accidentally targeted an innocent person who hadn't had a warrant out for their arrest in a year.
The arrest wasn't wrongful due to the additional charges.
If the criminal had no drugs or weapons in his car, then it would be abuse by the authorities to arrest, but not abuse to search based on their reasonable suspicions.
Even though those suspicions had been based on some information that had turned out to be inaccurate.
The charges should stand.
IANAL but I'd that this was unwarranted because otherwise it could easily be exploited.
iAnal?
Is Apple now making sex toys for MacFags?
It's really not a bad choice. Most of the people opposed to the ACLU do so because they don't care to admit that they might be wrong in their interpretation of the constitution. Many of them refuse to admit that there's more than one interpretation of the 2nd amendment that comes from reading it.
I'm opposed to the ACLU because they'll defend some of the nastiest, low-life scum-fucks on the face of the earth so long as the case is in line with their political agenda.
Conversely sometime the ACLU will decide to not defend ordinary people who have a legitimate complaint because the case does not fall in line with their political agenda.
P.S. There is only one possible interpretation of the 2nd Amendment. Period. You'd probably shit a brick if someone said there was more than one interpretation of the 1st Amendment and tried to argue that freedom of speech was only for members of the press.
Yeah, I can't believe that those state police weren't out hunting Bin Laden! How DARE they do their jobs in their town/county/state?!
Not a Twitter sockpuppet... but I wish I was.
I am opposed to the ACLU for a variety of reasons. I don't believe based on their record they are anything but a benevolent organization and I don't believe it is their agenda to uphold the constitution (except when it benefits them). http://www.stoptheaclu.com/archives/2005/11/10/top-ten-reasons-to-stop-the-aclu/
I suggest you try out that argument, and attempt to possess the modern equivalent of a canon (say a 155mm howitzer).
See how far your "But teh 2nd Amendment!" claim gets you.
For that matter, the Court in DC v. Heller seems to come to the conclusion that M-16s may be banned from public carriage, which makes the entire issue even more farcical; you are not allowed to carry military weapons, and such arms are not protected.
"It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
I have an instinct to dislike this false search however I am almost at the point of wanting random searches for all people. Our courts have failed to render severe enough punishments to keep people from driving around with illegal drugs etc.. We need something spooky enough to slap people back into more normal modes of living. We should not have to fear driving or walking into any neighborhood at any hour of the day or night.