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:

  1. 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

    ReplyDelete
  2. 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 .....

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

    ReplyDelete