[net.legal] Endangered Species:Individual Rights

barrett@hpcnoe.UUCP (07/07/84)

In newspaper articles during the past month, I  have  noticed  that  the
supreme court has been very active in decisions which seem to me to give 
the  government  ever increasing power over individuals.  In particular,
one recent ruling stated that illegally obtained evidence is  admissable
provided  that  the  police  can  show  that it would have been obtained
eventually by legal means.  What follows is yet another decision of this 
nature which appeared in the July 6 Wall Street Journal.  
------------------------------------------------------------------------

WASHINGTON - The Supreme Court ruled that evidence  seized  illegally by
police  with  a  search  warrent  that  later proves invalid may be used
against a defendent in a criminal trial.  

The 6-3 ruling creates a significant exception  to  the  principle  that
illegally obtained evidence can't be used in criminal prosecutions.  The 
principle,  known  as  the  exclusionary  rule, was first applied by the
Supreme Court to federal courts  in  1914.   In  1961,  the  high  court
extended the ban on illegal evidence to state courts.  

Yesterday, in an opinion written by Justice Byron White, the high  court
created  an  exception  that permits the use of evidence when the police
act in "reasonable reliance"  on  a  search  warrant  they  thought  was
valid.  

The decision, a major victory  for  the  Regan  administration  and  for
law-enforcement  agencies,  came  as  the Supreme Court recessed for the
summer.  The justices concluded  a  term  in  which  the  majority  grew
increasingly  conservative  in  criminal justice matters and cut back on
some of the decisions of the 1960s that protected the rights of  accused
or imprisoned people.  

The decision yesterday dealt only with searches in which police obtain a 
warrant that was mistakenly or improperly  issued  by  a  magistrate  or
judge.   That  situation  is  far  less  common than instances of police
acting reasonably, although illegally, without a warrant.  

But lawyers familiar with criminal procedures said the court's  decision
paves  the  way  for  an identical exception for illegal evidence seized
without a warrant.  

"I don't really think this will be limited to  cases  where  the  police
have  warrants,"  said  Yale  Kamisar,  a professor at the University of
Michigan Law School.  "I think it brings the  end  of  the  exclusionary
rule one step closer." 

The rule's defenders, facing mounting criticism, cling to  the  need  to
deter  police  from illegal searches that violate the Fourth Ammendment.
Critics say the rule leads to the exclusion from trial of evidence  that
may be reliable proof of guilt, tends to set criminals free at society's 
expense, and has a limited deterrent effect on police misconduct.  

Yesterday, Justice White said the cost of the rule to society should  be
measured  against  the  benifits.  Solicitor General Rex Lee, who argued
the case for the Regan administration, praised  this  adoption  "of  the
basic cost-benifit analysis that we suggested to the court." 

Justice White said the benefits  from  excluding  evidence  obtained  by
police  with  a faulty warrant are "marginal or nonexistent." He said in
most cases, there is no police illegality and thus nothing to deter." 

The error is on the part of the  magistrate  of  judge  who  issued  the
warrant,  the  court  said.   "They  have  no  stake  in  the outcome of
particular criminal prosecutions," Justice White said.  "The  threat  of
exculsion thus cannot be expected to significantly deter them." 

The high court said that evidence may still be excluded if it  is  later
determined  that  police  misled  a magistrate of it it is proven that a
magistrate simply acted as a rubber stamp for police.  

The court's decision reversed the ruling of a federal appeals court in
San Fransisco that excluded evidence against four defendents in a
cocaine-distribution case.  The justices also reversed the ruling of the
Massachusetts Supreme Judicial Court in a similar case in which evidence 
was supressed in a murder trial.

Justice William Brennan, Thurgood Marshall and John  Stevens  dissented,
Justice  Brennan  called  the  ruling  the  latest  step in "the court's
gradual but determined strangulation of the rule." 

In a related decision, the high court ruled 5-4  that  the  exclusionary
rule doesn't apply to civil deportation hearings held by the immigration 
and  Naturalization Service.  The decision was written by Justice Sandra
O'Connor.  

The justices voted 6-2 to uphold the constitutionality  of  a  1983  law
denying  federal  student  loans  to  males who fail to register for the
draft.  In an opinion written by Chief Justice Warren Burger,  the  high
court  rejected  arguments  that  the  law violates the Fifth Ammendment
rights of  students  who  request  federal  loans  by  forcing  them  to
incriminate themselves on the application form if they havn't registered 
for the draft.  

Justices Brennan and Marshall dissented.  

[the article then goes on to decribe cases to be argued again next term]
------------------------------------------------------------------------ 


What do the legal people on the  net  think  of  this?   I  am  becoming
concerned  that  much  of  the  safeguards built into the American legal
system to protect individuals from government control are  being  eroded
away by such decisions.  It seems to me that the "cost-benifit" analysis
can be used to  justify any transgression of an individual's rights; the
ends justify the means.  What is the relevance of it to the case anyway?

Dave Barrett
hplabs!hp-dcd!barrett

ted@teldata.UUCP (Ted Becker) (07/11/84)

***********************
I feel the court took a step in the right direction.  It is a gross
miscarriage of justice to allow a criminal to go free because of some
technicality in the gathering of evidence.  If the police acted improperly
or unlawfully while collecting evidence then punish the police for acting
improperly but let the criminal conviction stand.  Does it make sense to
reward the wrongdoing of one person because of the wrongs of another?

What value is there in having protection from abuse by the police when we
are subject abuse by the outlaws?

The major abridgements of individual rights do not lie in the hands of the
police but in such things as building permits and zoning, business licensing
and regulation, labor laws, and legislator's ignoring the interest of the
people in favor of special interests.

adm@cbneb.UUCP (07/12/84)

#R:hpcnoe:-1510000100:cbnap:17000002:000:565
cbnap!tel    Jul 12 08:31:00 1984

	While not a "legal expert" it seems to me that the exclusionary
rule only protects those who are guilty.  If laws are violated in the 
collection of evidence then allow the evidence to be admitted
but bring counter charges against the officer, magistrate, or
whoever violated the law. Then all guilty parties would receive
their proper and just rewards.  After all, that is the point of the 
legal system isn't it. The current system seems more geared to
protecting the guilty at expense of the victim and society.

		Punish the guilty!
			Tom  at ihnp4!cbnap!tel

judy@ism780.UUCP (07/13/84)

#R:hpcnoe:-1510000100:ism780:18300007:000:890
ism780!judy    Jul 10 17:37:00 1984

I think you are over-reacting.  Stating that a decision that allows evidence
in the case in which the judge failed (police were acting in good faith) will
lead to plice being allowed to search without search warrants is a reactionary
generalization.  Therefore, I will only address the decision.  And I support
it.  We have a huge crime problem in this country.  And I feel that part of
this is because there is no real retribution.  Actually being punished for
commiting a crime seems to be a matter of chance and the chances now are too
low.  The Supreme Court is trying to make the job of fighting crime run
more smoothly.  This decision is not an attempt to take away the rights of
law abiding citizens.

Let me ask you, do you really want those theives to get away after $10K
worth of stolen goods has been found on them only because the judge erred
in filling out the search warrant?

ward@hao.UUCP (07/16/84)

[]
> it.  We have a huge crime problem in this country.  And I feel that part of
> this is because there is no real retribution.  Actually being punished for
> commiting a crime seems to be a matter of chance 

If there's no real retribution, what are all those people doing in
our overcrowded prisons.  Maybe we should just give the police the
power to kill anybody they don't like.  Solve the overpopulation
problem, as well as make us all alike(in one respect, anyway - we'd
*ALL* love the police! (just like they do in Russia and El Salvador
and other neat places like that)).

-- 
Michael Ward, NCAR/SCD
UUCP: {hplabs,nbires,brl-bmd,seismo,menlo70,stcvax}!hao!sa!ward
BELL: 303-497-1252
USPS: POB 3000, Boulder, CO  80307

ron@brl-tgr.ARPA (Ron Natalie <ron>) (07/16/84)

> If there's no real retribution, what are all those people doing in
> our overcrowded prisons.

Maybe it's because the rents are so low.

Actually, the line is:

	Then let them die now, and decrease the surplus poplulation.

-Ron

chris@gargoyle.UChicago.UUCP (Chris Johnston) (07/17/84)

I don't see any problem with admitting illegally obtained evidence as long
as the offending officers are convicted.

chris