Finished my criminal procedure class today and I’m even more concerned about the state of Fourth Amendment rights than when I went in. Didn’t know that was possible!
My biggest Fourth Amendment ick
... is Arizona v. Evans/Herring v. U.S. If a police officer’s computer wrongly says you have an arrest warrant due to clerical error, and cops find contraband in your car when falsely arresting you, the evidence they find is still admissible to charge you. Not great!
My biggest Fourth Amendment ick
@tony And so it should be. "Clerical errors" do not change the nature of illegal "contraband". Don't carry contraband in your car!!
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My biggest Fourth Amendment ick
@tony Sadly the Supremes have stated that if the cop made an "honest mistake", then the evidence is still admissible. The incorrect information on the computer saying the guy has an arrest warrant is only the foot in the door, cops have invented more and more "honest mistakes" to get evidence from illegal searches admitted in court.