Wednesday, January 14, 2009

So much for the Fourth Amendment

A guy who was arrested based on an expired warrant has had his conviction upheld by the US Supreme Court. I really wish I had something clever or witty to say bout this, but I can't express anything but disgust and horror over this. He should never have even been arrested, and yet he's going to jail over an illegal arrest and illegally obtained evidence; if the arrest warrant expired, there almost certainly wasn't a valid search warrant either. Even if he were breaking the law, there are still rules that the police have to follow, to protect people from being falsely charged or arrested.

I think Justice Ginsburg said it well by pointing out that this "leaves Herring, and others like him, with no remedy for violations of their constitutional rights."

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