Thursday, May 12, 2005

Court Victories For Law Enforcement

From CrimProfBlog:

State v. Sykes, Wis., No. 2003 AP1234-CR, 4/22/05

The existence of probable case will justify treating a warrantless search as a search "incident" to a later arrest for a different crime even when the officer, at the time of the search, did not intend to arrest the defendant and the later arrest is based on evidence found during the search, the Wisconsin Supreme Court decides. It is not the officer's subjective intent that is important, the court says; it is the fact that the officer actually had probable cause to arrest the defendant at the time he performed the search. Decision here.

Garvey v. State, Del., No. 5-2004, 4/28/05

A defendant who responded to a request to waive his "Miranda" rights by saying, "Depends on what you ask me," unambiguously waived his rights, the Delaware Supreme Court holds. Decision here. [Mark Godsey]

I'm not exactly sure what the first one means, so if there are any legal eagles flying around, feel free to break it down better than I can. What I believe it's saying is that an officer has legitimate reason to search a person if he has probable cause that the crime was committed, regardless of whether he actually arrests that person for that crime or a different one or doesn't arrest him at all. If I'm correct, then I'm definitely in favor of this ruling. I'm in favor of virtually any court decision, executive order, or state law that lets me ignore your Fourth Amendment right to commit crimes in private.

I like the second decision because some smart-ass crook just lost his case. Here's a tip to criminals out there: when you're in custody, don't try to be cute.

1 Comments:

Blogger Chip Morgan said...

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3:56 PM  

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