Tuesday, May 26, 2009

Don't tell the kids....

I was reading detailed analysis of Sotomayor's past decisions and came across the following potentially explosive revelation [emphasis added]:
United States v. Santa, 180 F.3d 20 (1999), involved a question the Supreme Court eventually considered this term in Herring v. United States, No. 07-513. At one time, there had been an arrest warrant issued for Mr. Santa. That fact was put into a statewide computer database. The warrant was subsequently recalled, but that fact never made it into the database. When the police arrested Santa, wrongly believing there was still a warrant out for him, they searched him and found drugs. He moved to suppress the evidence as the result of an unconstitutional arrest (i.e., an arrest without probable cause or a warrant). Judge Sotomayor, writing for the majority, ruled that the evidence should not be suppressed under the exclusionary rule – the same conclusion reached by the Supreme Court in Herring. Judge Newman joined the opinion but wrote separately to voice his disquiet over the fact that the defendant had been arrested by the local police but was prosecuted in federal court because New York courts would have suppressed the evidence as a matter of state law had he been prosecuted locally.

Humor aside, as a matter of law, Sotomayor's decision was a correct application of a deeply disturbing existing precedent....

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