By Matt Agorist
In another devastating blow to the 4th Amendment, on Monday, the Supreme Court ruled that evidence of an alleged crime can be used against a defendant even if police did something inappropriate or even illegal to obtain it.
In a split 5-3 decision, the justices voted to reinstate the drug-related convictions of Joseph Edward Strieff. In the case of Strieff, he was illegally detained during a “concededly unconstitutional detention,” which eventually led to the discovery of drugs inside his vehicle.
In Strieff’s case, a trial court judge later found that the officer did not have enough evidence to initially stop and question him. But the judge ruled that Strieff’s subsequent arrest on an outstanding traffic warrant justified the search — implying that the use of criminal behavior to catch criminal behavior is just.
The Utah Court of Appeals agreed with the trial court that the drug evidence was admissible at trial, but, in a moment of logic, the Utah Supreme Court last year reversed that decision.
The Utah Supreme Court noted in its January 2015 decision that the case presented “a gap of substantial significance” in terms of prior rulings by the U.S. Supreme Court on Fourth Amendment issues, and that other courts that have addressed the issue have come to “substantially different conclusions” regarding search and seizure law.
The Fourth Amendment exclusionary rule allows criminal defendants to suppress “fruit of the poisonous tree” — that is, evidence obtained as a result of a search or seizure that violates the Fourth Amendment. The reason this rule exists is due to the obvious conflict of interests in cops breaking the law to enforce the law.
However, thanks to Monday’s ruling by the Supreme Court, that is exactly what will happen now. Police have essentially been given a free pass to violate the rights of individuals — just so long as they find evidence of a ‘crime.’
On Monday, the logic applied by the Utah Supreme Court in 2015, was thrown to the wayside in a handout to the police state.
Given the reality of the militarized police state rising up from the horrors of the war on drugs, the fact that cops can now legally act illegally to bust people for possessing arbitrary substances is chilling.
As if breaking the law wasn’t enough, prior to this ruling, police were no longer required to even give the appearance of an understanding of the laws they’re tasked with enforcing, thanks to a recent court decision surpassing even the veritable green light previously granted in Heien v. North Carolina.
In the Heien case, the Supreme Court ruled a “police officer’s reasonable mistake of law gives rise to reasonable suspicion that justifies a traffic stop under the Fourth Amendment.” A motorist’s broken tail light caused an officer to make a traffic stop — during which evidence of a separate violation of the law was discovered in the vehicle.
But in North Carolina, a broken tail light wasn’t illegal, thus not sufficient cause to justify the stop — nor the arrests stemming from it, lawyers argued, because that would be a violation of unreasonable searches and seizures.
However, the Supreme Court ruled the officer’s ignorance of the law essentially didn’t matter — effectively allowing police around the country the ability to make stops if they ‘reasonably’ believe the cause for the stop is legal. Plainly, police can stop and search you despite ignorance of the law.
Now, in U.S. v Shelton Barnes et al. — a case that seemed to slip by largely unnoticed — even that flimsy justification has been deemed too constricting of police power, and police ignorance can actually be used against you in a trial.
On Monday, Justice Sonia Sotomayor said in dissent that the decision in Utah vs. Edward Joseph Strieff, is a blow to constitutional rights.
“The court today holds that the discovery of a warrant for an unpaid parking ticket will forgive a police officer’s violation of your Fourth Amendment rights,” Sotomayor wrote.
Sotomayor’s dissent was joined by Justice Ruth Bader Ginsburg and Justice Elena Kagan.
Now, police need not understand the law, or even abide by the law — to enforce the law. In what world is this considered acceptable?
Matt Agorist is the co-founder of TheFreeThoughtProject.com, where this article first appeared. He is an honorably discharged veteran of the USMC and former intelligence operator directly tasked by the NSA. This prior experience gives him unique insight into the world of government corruption and the American police state. Agorist has been an independent journalist for over a decade and has been featured on mainstream networks around the world. Follow @MattAgorist.
Political authority, or the authority of State, or the authority of Government is something the average person virtually never questions. Almost everyone goes through their entire life believing that the Government – although it’s almost always composed of provable criminals, cheats and liars – still has a solid basis for its political authority. Many people, whether left, right or anywhere in between on the political spectrum, are Statists: they think that Government has an inherent right to rule, using coercion if necessary. Yet, even a cursory examination shows that if a normal person acted like Government, they would characterized as cunning, secretive and manipulative, and either be diagnosed as insane, or locked up as a danger to society, or both. So why do people allow and consent to such a situation?
The consent of the governed is being withdrawn, slowly but surely.
No matter. They hold your consent in contempt.
War is peace. Freedom is slavery. Two fingers added to two fingers is equal to five fingers. We have truly stepped into that world imagined (revealed?) by Eric Blair, a.k.a. George Orwell.
OK LETS ROLL !
The armed US citizens can therefore STOP COP CRIMES anywhere they occur ? Legally.
Yep! It’s over. The Republic is dead.
Did it die in 1913, when JFK was taken out, on 9/11, the Civil War instigated by the international banksters, or some other inflection point? It’s been a long time coming with the Republic under assault it it’s crib by Hamilton et al. Freedom as the ideal never dies.
Just wait til they start rounding up all the gun owners and confiscating weapons … They will fill up the Fusion Centers with Political Dissidents to Torture with all the Military and CIA personnel that have been promoted into Government Domestic Jobs for psychopaths in these centers to torture and kill citizens.
— ALL the War Crimes Americans have allowed to go on to People around the World in US Government Run Black Sites and Detention Centers are being brought home courtesy of the CIA, Military and Elected War Criminals that run this country.
here in Norway the police does what they want when thet want, to defend your own life is a crime in Norway…
here they dont even pretend that there is a thing called civil liberty and the goverment is even talking about banning ALL indoor smoking and smoking on ALL public spaces.
stoltenberg is Norwegian and a prime example of our poloticians…..
Norway has been a NATO Military Puppet for years, and part of the US Military Drug and Weapons Distribution network…… If People Listen to the Kay Griggs YouTube interviews, they will learn alot about their covert black operations, assassinations and the overthrow of governments.
will check them out.
Sorry to learn there isn’t a strong organized push back in Norway. My grandparents immigrated from Oslo to the US. We could use more people like you here.
thank you,it will hopefully get more as the time goes… 06.22.16 the goverment said yes to send Norwegian troops to Syria. a sad day.
From my analyses, I’m certain the dust up in Syria was always a smokescreen to create a new version of Al Qaeda and a show of nation state collaboration for a new World Government military-police force thus it isn’t surprising, given the NWO agenda, that Norway is making a token military contribution. Syrian Elites (Assad et al) agreed to implement the New World Order paradigm by the 90s and have actively doing so since, as did Iran – the entire conflict has been synthetic at the top levels to include Russia. Very sad the people of the middle east have been put through so much to create the new middle east project and the final phase of global Orwellian techno feudal technocracy is being quickly rolled out right now in the gulf states. We’ve all been pawns for a very long time. – Kind Regards, C. Pedersen.
This reflects the complete insanity that US society has become. Not only is about every clause of the constitution shredded but there is a huge push toward the police state. Land of the free(?) and home of the brave (?) I am sure.
When the rule of law applies to some rather than all….you don’t have rule of law.
Exactly, under Elite capture “law” become a tool of enslavement.
Mentioned in a recently published book written by an American pol sci professor, there’s a saying in Russia that describes political crony rule and the mafia state that applies globally: “For my enemies the Law, for my friends, anything.”
So true, Blue. Governments rule with instilling fear into everyone. I have said this before, every time we leave the house we are an inch away from breaking some law! Everyone of us is a criminal in the making; just a matter of time. Any wonder everyone is depressed. Freedom is slipping away and many people are not aware of the reasons why they feel so bad about life in general…
Yes Brett, great insight on the short leash that keeps getting shorter. We feel the disconnect and a sense of claustrophobia that removes us from our deep spiritual selves. Most drown out the feelings with addictions and distractions. Wise men like you recognize natural blessings. No need for gilded cages, the simple natural life is beautiful.
Well said, Blue. Again! Me a wise man? Mate, sometimes I wonder. I have the habit of making far too many mistakes lol. However, it would be a brave person who tries to pull the wool over my eyes! Keep up the good fight, mate. Cheers…
Very wise soul indeed, Brett. You admit to your mistakes, most don’t even see the big ones they make and rationalize the rest….which is exactly why you have the clarity of vision and bravery to look into the abyss. It’s a both a gift and burden that creates magnificent growth opportunities towards authenticity. I know….my undergrad minor in philosophy creeps through. LOL! However, it is true. After diving into oceans of thought my entire life and the deepest rabbit holes for 13 years post 9/11, I’m pretty confident I’ve “cracked the codes” – something I did for fun as a young kid, so…lots of practice! 🙂
Thanks heaps, blue. Wise words and very encouraging to me right now, friend…
I’m happy to lend an ear anytime, mate. 😉 Cheers, friend.
When lawmen violate law, the only law left is the law of the jungle, the law of fangs and claws.
The “supreme” court is NOT supreme, they are a f-ing joke, along side the supposed government
What do you expect? They are a throwback to royalty. Not elected by the people and lifetime in office. Just wrong, period.
Are there any rights left that the courts, congress or POTUS can strip us of?
They have no standing, our rights are inherent. The problem is the brainwashed sleepwalkers have lost touch with their innate humanity and the immense power of a healthy human mind. We can’t be stripped of something inherent via artificial constructs – the line from the Matrix “there is no spoon”.
The jewstice system at it’s finest.
Nothing has been Stopping Law Enforcement Criminals BEFORE THIS in Washington State — They are BURGLARIZING PEOPLE , AS WELL AS PLANTING THEIR CRIMINAL STOLEN EVIDENCE HERE.
SC made up of 4 sodomites ALWAYS rules in favor of the state
Your Constitution is now effectively defeated, DEAD. And still my guess is you will all STILL just sit there, write congressmen, wave signs, yell and gripe. The elites are winning, as I keep pointing out, and passivity hasn’t worked, has it? Now they can do whatever they want, and they can use planting drugs or guns on you as an excuse, pin you with whatever fake crime they can, and you now have NO legal recourse. The elites, again, WIN, unless you do something about it. Some of them live in the US, don’t they? For god sakes, stop showing them your damn throat, they’re stripping you of everything! This makes them able to do anything they want to you, they can pick entire families and individuals off through their corrupt law enforcement with no defense or recourse on your side!
Good post. And, I feel exactly the same way. They won’t get me while im sleeping i can promise you that!
Police have always been able to claim: I saw you swerve across the line in the road or I observed you not coming to a complete stop to justify pulling anyone over they wanted. There are certain towns where its pretty common at night. If you are drinking they bust you, if not, they let you go “with a warning” etc.
This is just more of the same.