At a time of justified concern about arbitrary police stops, the Supreme Court on Monday made such harassment more likely. By a 5-3 vote, the court upheld the search of a drug defendant that grew out of a stop that the state conceded was unlawful. The decision in a Utah case pokes yet another hole in an important principle: that courts may not consider evidence that is the result of an illegal search or seizure - the so-called fruit of the poisonous tree." Edward Strieff was stopped by a police officer after he walked out of a house in South Salt Lake City. After Strieff identified himself, the officer ran his name through a database and discovered an outstanding arrest warrant for a traffic violation. The officer then arrested Strieff on that charge and searched him, finding a bag containing methamphetamine and drug paraphernalia. The state subsequently admitted that the officer lacked reasonable suspicion to stop Strieff, as required under Supreme Court interpretations of the 4th Amendment. Writing for the majority, Justice Clarence Thomas concluded that it didn't matter if the officer had no basis on which to stop Strieff; the evidence was admissible anyway. The decision could have far-reaching consequences. As Justice Sonia Sotomayor wrote in a powerful dissent: "This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrants - even if you are doing nothing wrong. If the officer discovers a warrant for a fine you forgot to pay, courts will now excuse his illegal stop."
Latest
Latest News
Each news summary is created according to strict standards. Here's how we do it.
Each summary is created using a consistent editorial procedure. The target length is approximately 16 lines of 11-point Arial text in a 650-pixel-wide column. Up to 25% of a summary may be set in bold to emphasize the most important ideas. Summaries are composed of verbatim excerpts presented in the same sequence as they appear in the original news source, with very minor editorial additions. Where material has been omitted between excerpts, the omission is indicated with ellipses (...). Any words added by an editor for clarity or context appear in [brackets]. Our original news editor was Fred Burks. Tod Fletcher edited most summaries from 2007 through 2014, and Mark Bailey has served as news editor since 2014.