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Author Topic: Police Mistakes of Law  (Read 6377 times)

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Offline gryphon

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Police Mistakes of Law
« on: July 20, 2012, 04:03:53 PM »
This Article addresses something that most Americans would consider a constitutional impossibility: police officers stopping or arresting individuals for lawful behavior and courts deeming such seizures reasonable for Fourth Amendment purposes, thereby precluding application of the exclusionary rule.

http://www.law.emory.edu/fileadmin/journals/elj/61/61.1/Logan.pdf

I know, it's 42 pages, but they are short pages and they are also half covered with notes, so it isn't as bad a read as you might fear.  :)

It would be interesting to see any MOC attorneys comment if they so choose.
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Offline drtodd

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Re: Police Mistakes of Law
« Reply #1 on: July 20, 2012, 05:59:34 PM »
This was a great find. I agree that, in Michigan, the courts seem to have increasingly excused police officers' violations of people's 4th Amendment rights. If one does a quick search of Michigan Appeals Court and Supreme Court opinions, one notices that oftentimes an officers' violation does NOT trigger an exclusion of the evidence... much as the article explains. It is also strange to me that officers are excused for not knowing the law, but we as mere citizens are expected to know it very well, lest we be charged with a felony for our ignorance.
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"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. U.S. 230 F 486 at 489

"Where rights as secured by the Constitution are involved, there can be no rule making or legislation which will abrogate them." Miranda v. Ariz., 384 U.S. 436 at 491 (1966).

Offline gryphon

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Re: Police Mistakes of Law
« Reply #2 on: July 20, 2012, 06:12:26 PM »
Quote from: drtodd on July 20, 2012, 05:59:34 PM
officers are excused for not knowing the law, but we as mere citizens are expected to know it very well, lest we be charged with a felony for our ignorance.

Yes!
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