Continued Erosion of your Constitutional Rights

Justice John Roberts and the conservative Supreme Court of the United States of America strikes again. In an 8 to 1 decision written by Chief Justice John Roberts the court held that evidence gleaned from an otherwise illegal search and seizure can be used against the defendant if the stop was based on good faith. This is a horrible precedent to set for an already strained American people who are sick and tired of law enforcement overstepping their boundaries and in some cases making fatal decisions which go unanswered the courts.

While this decision does not rise to the level of law enforcement killing suspects and police not being indicted, it does further offer the police a wide net to work with because evidence that was formerly obtained as the result of an illegal search and seizure was considered tainted and not usable in court; but as a result of this decision it appears that such evidence, if obtained under the color of law, even though mistaken will be permitted to be used against the defendant.

The decision in Heien v. North Carolina involves a case out of North Carolina in which a police officer pulled the defendant over because his right brake light was out and the officer mistakenly believed that give a basis for a lawful stop. In North Carolina only one brake light is required to operate the vehicle and the officer was mistaken on the basis for the stop. As a result of the illegal stop, the defendant consented to a search of his vehicle which resulted in the location of CDS in the trunk. Counsel for the defendant subsequently attempted to suppress the illegal drugs as a result of an illegal stop. The trial court denied the argument, the North Carolina Appellate Court suppressed the evidnce and the Supreme Court of the United States has now held that despite the stop being illegal, if the stop is done in good faith, subsequently obtained evidence can still be utilized against the defendant.

Make no mistake about it, this is a further erosion of your Constitutional rights. This decision allows law enforcement to stop your vehicle for an illegal reason and then subsequently utilize any evidence that is gleaned against you in court. The only saving grace is that the initial stop must at least be in good faith meaning that the officer evidently can’t pull you over for no reason at all; but if they can come up with any good-faith reason such as tinting on the windows of the car or the officer’s good faith belief that the driver was not wearing a seatbelt would provide the lawful basis for a stop even if it was untrue. Any evidence gleaned therefrom, like say DUI for example or possession of drugs could be used against the suspect in court.