Thursday, June 23, 2016

Sotomayor is absolutely wrong on the arrest and search

Read her opinion, I have only read summaries.  

But her alternative is that the warrant check on the perp was a result of illegal detention.  OK, granted.  Unlike Thomas I do not care if the officer made an intentional error or an innocent error, the officer dunnit and is subject to civil suit, to which Thomas agrees

.Sotomayors problem is that she wants to exclude the warrant check, but from what?  It's done on the radio, the officer likely called for back up, every officer on duty now knows the perp is a valid warrant, is at a certain location, and all pf these cops found out legally, they ;listened on their radios. It is a warrant, co[ps are duty bound to honor it.

What would  Sotomayor want to do?  Invalidate the warrant the first time the perp is detained? Or maybe, the entire precinct closes their eyes and count to ten?   If the per[p were illegally detained on Fifth and Vine, then Sotomayor would have the man free, as long as he stayed right there.

I guess the perp gpo get that Roberts guy to grant the right of 'evading the law', then the perp could sue for having the warrant discovered by a cop.  Sotomayor does not think this stuff though, can't we find a smarter Puerto Rican female?

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