WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Tuesday, June 21, 2016

THE SKY IS FALLING

The sky is falling. Terry stop suppression motions are dead. Oh my!
The Supreme Court's decision in Utah v. Streiff spells the end of the fourth amendment. 
Oh no Mr. Bill!

Query: When's the last time a court granted a Terry Stop motion or otherwise granted a motion to suppress evidence based on an illegal stop or search or seizure? 
Federal Court practitioners? Do you even get an evidentiary hearing on these motions? 
Inevitable discovery anyone? 

The death of the exclusionary rule...

None of you saw this coming? Really? 

Scalia would have piled on. 

See you in court, where motion practice is dead.  You wanna win a case? Put on your trial suit. 


4 comments:

CAPTAIN JUSTICE said...

THE CAPTAIN REPORTS:

TV JOURNALIST, FIRED, FIGHTS BACK, DEFENDING HER FIRST AMENDMENT RIGHTS .....

Following up on the recent post about the ASA and his first amendment rights, comes this story in the Washington Post:

"White TV anchor fired after racial comments fights back with discrimination lawsuit"

In March, a white award-winning broadcast news anchor in Pittsburgh posted on her professional Facebook page what she claimed was a heartfelt call to action on the perceived black-on-black crime epidemic in the United States, particularly in the city she’d covered for almost 20 years.

The post came two weeks after she covered a mass shooting at a backyard barbecue that left four people injured and six dead, including a pregnant woman, in Wilkinsburg, a majority black borough. The district attorney called the heinous crime calculated, planned and one of the “most brutal” he had seen in his 18-year tenure.

Police did not immediately release names or descriptions of the suspects. When WTAE-TV anchor Wendy Bell took to Facebook, there had been no arrests.

[‘My whole family was massacred.’ Police search for two attackers they say killed six near Pittsburgh]

Yet the veteran journalist drew her own conclusions about the perpetrators anyway, comments that were decried as racist and demeaning — and that eventually cost her her job.

“You needn’t be a criminal profiler to draw a mental sketch of the killers who broke so many hearts two weeks ago Wednesday,” Bell wrote on Facebook, words that were later deleted. “… They are young black men, likely in their teens or in their early 20s. They have multiple siblings from multiple fathers and their mothers work multiple jobs. These boys have been in the system before. They’ve grown up there. They know the police. They’ve been arrested.”

Read the entire story here:

https://www.washingtonpost.com/news/morning-mix/wp/2016/06/21/white-tv-anchor-fired-after-racial-comments-fights-back-with-discrimination-lawsuit/

Cap Out .....
Captain4Justice@gmail.com

CAPTAIN JUSTICE said...

Props go out to Judge Diane Ward who sentenced Eduardo Ravelo to 17 years behind bars for stealing more than $500,000 from an elderly widow who he was caring for. O'Valle has all the details here:

www.miamiherald.com/news/local/crime/article85306092.html

Cap Out .....

Anonymous said...

ward is a hater.

Anonymous said...

Bet that reporter is right. Why get fired for giving an Internet opinion? Especially a true one. This country is way too PC