FREE e-Newsletter
Important News - Hot Topics
Get them Now!

Top News

SCOTUS Sides with LE on Illegal Searches

June 16, 2011  | 


The U.S. Supreme Court has ruled in favor of law enforcement officers who perform an illegal search in good faith, which wouldn't trigger the exclusionary rule for evidence that incriminated the subject.

Justices ruled 7-2 that searches without a warrant considered objectively reasonable are proper, upholding the criminal conviction of Willie Gene Davis, an Alabama felon convicted of carrying a handgun.

During a traffic stop in 2007, Davis gave officers a false name. Officers then detained Davis, who was a passenger, and the vehicle's driver in separate patrol cars. In a search following the detention, a handgun was found in Davis' jacket.

"When the police act with an objectively reasonable good-faith belief that their conduct is lawful, or when their conduct involves only simple, isolated negligence" then "exclusion cannot 'pay its way,'" Justice Alito wrote in the majority opinion.

Read the full opinion at the U.S. Supreme Court's Web site.

By Paul Clinton

Tags: U.S. Supreme Court Cases, Search and Seizure, Fourth Amendment


Comments (1)

Displaying 1 - 1 of 1

Ric Walters @ 6/17/2011 4:13 AM

Way to go Supremes! A common sense ruling that should make the lives and jobs of good cops much less stressful, and increase the ability of prosecutors to obtain convictions. Almost makes me wish I weren't retired!

Join the Discussion





POLICE Magazine does not tolerate comments that include profanity, personal attacks or antisocial behavior (such as "spamming" or "trolling"). This and other inappropriate content or material will be removed. We reserve the right to block any user who violates this, including removing all content posted by that user.

Other Recent News

Video: Milwaukee Chief Calls Out Black Activists Over Their Priorities After Public Meeting
A video of an emotional Milwaukee Police Chief Edward Flynn decrying community activists...
Police Unions Call for Mandatory Body Armor, Seat Belt Policies
During the past three decades, 42% of police killed in auto accidents were not wearing...
New Jersey Officer Charged with Shooting Patrol Car
Da'Shaun Carr, 23, of Clayton, was charged Nov. 17 with false public alarm in the incident...
Video: Rookie NYPD Officer Shoots, Kills Unarmed Man in Brooklyn Project
Police Commissioner William J. Bratton said that the victim, Akai Gurley, was "a total...
Video: Officer Darren Wilson Discussing Resignation with Ferguson Officials
Wilson has told associates he would resign to help ease pressure and protect his fellow...

Get Your FREE Trial Issue and Win a Gift! Subscribe Today!
Yes! Please rush me my FREE TRIAL ISSUE of POLICE magazine and FREE Officer Survival Guide with tips and tactics to help me safely get out of 10 different situations.

Just fill in the form to the right and click the button to receive your FREE Trial Issue.

If POLICE does not satisfy you, just write "cancel" on the invoice and send it back. You'll pay nothing, and the FREE issue is yours to keep. If you enjoy POLICE, pay only $25 for a full one-year subscription (12 issues in all). Enjoy a savings of nearly 60% off the cover price!

Offer valid in US only. Outside U.S., click here.
It's easy! Just fill in the form below and click the red button to receive your FREE Trial Issue.
First Name:
Last Name:
Rank:
Agency:
Address:
City:
State:
  
Zip Code:
 
Country:
We respect your privacy. Please let us know if the address provided is your home, as your RANK / AGENCY will not be included on the mailing label.
E-mail Address:

Police Magazine