10/1/2015
link: http://fox13now.com/2015/10/01/u-s-supreme-court-will-hear-utah-case-involving-drug-search/
summary:The U.S. Supreme Court has agreed to hear a a case involving reasonable suspicion during a search for drugs in Utah.The case is about an incident in 2006 when police got an anonymous tip alleging drugs being sold out of a South Salt Lake home. A detective had the home under surveillance and stopped Edward Strieff, Jr. to question him. During that stop, Detective Doug Fackrell arrested Strieff on an outstanding warrant and found methamphetamine and a drug pipe.Strieff challenged his arrest, claiming the officer lacked reasonable suspicion. The district court allowed the evidence in, the Utah Court of Appeals upheld that decision but the Utah Supreme Court reversed it.
question: what do you think the supreme court's decision will be?
Difficult question Dwight based on the limited info in the link. Did the officer ask Strieff if he could search Strieff? Also, when exactly can cops search with probable cause & no warrant?
ReplyDeleteSince the 4th Amendment protects citizens from unlawful search and seizure, the Strieff case in Utah brings up an important point to consider, as mentioned by Utah Attorney Sean D. Reyes, “Whether evidence seized incident to a lawful arrest on an outstanding warrant should be suppressed because the warrant was discovered during an investigatory stop that was later found to be just shy of the requisite reasonable suspicion.” I do not believe that evidence should be admitted at trial if there was not reasonable cause independently to search for that evidence. The evidence against Strieff was only found because of an unrelated outstanding warrant. I think the Supreme Court will side with Strieff and the Utah Supreme Court, protecting the 4th Amendment rights of citizens from unlawful searches and seizures without due cause.
ReplyDeleteAlthough this man was clearly doing some illegal stuff, there was not enough reasonable suspicion to arrest this man. If he had come out of his house holding meth in one hand and a meth pipe in the other and a cop saw that, then yes, but an anonymous call is not enough to arrest someone with.
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