Tag: Arrest

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Jim Geraghty of National Review and Greg Corombos of Radio America applaud the USA Today editorial writers for pointing out Medicare for All would rip more than 100 million Americans away from coverage they like and run up a cost that even government economists can’t figure out. They also slam Cory Booker for demanding a […]

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It’s all good martinis today! Jim Geraghty of National Review and Greg Corombos of Radio America react to the breaking news of an arrest in the case of pipe bomb-type devices sent to prominent Democrats. Then, they welcome the news that the Cook Political Report is moving the New Jersey U.S. Senate race to the […]

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Jim Geraghty of National Review and Greg Corombos of Radio America savor four pieces of good news Thursday. First, they are encouraged by a new poll showing the the Kavanaugh fight has Republican voters fired up, erasing a big enthusiasm edge for Democrats just a month before the midterm elections. They also welcome statements from […]

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Jim Geraghty of National Review and Greg Corombos of Radio America welcome the news that another major figure in the Benghazi terrorist attack is now in U.S. custody – only hundreds more to go. They also shudder as the accusations of actor Kevin Spacey allegedly preying upon a 14-year-old boy years ago elicits another round […]

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Utah v. Strieff and the Exclusionary Rule

 

shutterstock_258602471I haven’t had time to read the full decision yet, but am very curious to hear what the Ricochetti at large, and those with expertise in law enforcement and criminal law, think of yesterday’s Supreme Court decision. The majority decision (written by Justice Thomas and joined by Roberts, Kennedy, Breyer, and Alito) maintains that evidence from a body search is admissible in court if it’s made upon realization that there the detained party has an outstanding warrant, even if the initial police stop is illegal. As described by Thomas, what happened was:

This case began with an anonymous tip. In December 2006, someone called the South Salt Lake City police’s drug-tip line to report “narcotics activity” at a particular residence. Narcotics detective Douglas Fackrell investigated the tip. Over the course of about a week, Officer Fackrell conducted intermittent surveillance of the home. He observed visitors who left a few minutes after arriving at the house. These visits were sufficiently frequent to raise his suspicion that the occupants were dealing drugs. One of those visitors was respondent Edward Strieff. Officer Fackrell observed Strieff exit the house and walk toward a nearby convenience store. In the store’s parking lot, Officer Fackrell detained Strieff, identified himself, and asked Strieff what he was doing at the residence. As part of the stop, Officer Fackrell requested Strieff ’s identification, and Strieff produced his Utah identification card. Officer Fackrell relayed Strieff’s information to a police dispatcher, who reported that Strieff had an outstanding arrest warrant for a traffic violation. Officer Fackrell then arrested Strieff pursuant to that warrant. When Officer Fackrell searched Strieff incident to the arrest, he discovered a baggie of methamphetamine and drug paraphernalia.

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