Just when you think something is cut and dry the ol' Supremes are at it again. Let us
hope that they affirm the lower courts rulings or decide not to act, it seems this is
an excellent precedent to regaining our rights from the Police State thugs who think
that all must bow to their demands.
On Tue, 02 May 2000, K wrote:
>
> May 1, 2000
>
> Court to Study Search Procedures by Police
> By THE ASSOCIATED PRESS
>
> WASHINGTON -- The Supreme Court today agreed to clarify whether
> police can keep people from going inside their homes alone while
> officers seek a search warrant.
>
> The court said it will hear Illinois prosecutors' argument that they should
> be allowed to use as evidence the marijuana seized from a man's
> home. Illinois courts said police violated the constitutional ban on
> unreasonable searches and seizures by temporarily keeping him
> outside.
>
> In a 1997 episode, two Sullivan, Ill., police officers accompanied Tera
> McArthur to retrieve her belongings from the trailer home she shared
> with her husband, Charles McArthur. When she came outside, she told
> police he had marijuana under the couch.
>
> An officer knocked on the door, and McArthur came outside, denied he
> had drugs and told police they could not search without a warrant.
> During the two hours it took to get a warrant, police did not let McArthur
> re-enter his home unless an officer accompanied him and stood inside
> the door.
>
> Police then conducted a search and found marijuana and drug
> paraphernalia. McArthur was charged with possessing less than 2.5
> grams of marijuana and possessing drug paraphernalia.
>
> McArthur conceded that if he had been allowed to go inside his home
> alone he would have destroyed the marijuana. But he asked a state
> trial judge to bar use of the marijuana as evidence, contending the
> officer violated his Fourth Amendment rights. The trial judge ruled for
> him, and an Illinois appeals court agreed.
>
> The officers essentially evicted McArthur from his home, the appeals
> court said, adding that no special circumstances justified the officer's
> entering the trailer with McArthur.
>
> The appeals court noted that other courts have let police keep someone
> outside when the person was under arrest, subject to arrest on arrival,
> or when the person consented to stay outside.
>
> In the appeal acted on today, prosecutors said the government had an
> interest in keeping McArthur from destroying evidence, and that the
> appeals court ruling would make it virtually impossible for police to
> secure homes in such cases.
>
> The case is Illinois vs. McArthur, 99-1132.
>
> http://www.nytimes.com/yr/mo/day/late/01cnd-police-search.html
>
>
> --
> Kathleen
>
> Those who expect to reap the benefits of
> freedom, must, like men, undergo the fatigue
> of supporting it. - Thomas Paine
>
>
> This signature was made by SigChanger.
> You can find SigChanger at: http://huizen.dds.nl/~phranc/
>
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