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NYC losing suppression mtns in fed. court
Story here. Gist is that NYC, in order to get the longer prison sentences that come under federal law, has arranged for felons in possession to be charged in federal court. But they've been losing cases right and left because the judges find the testimony as to why the person was searched incredible (in the bad sense of that term).
"But a closer look at those prosecutions reveals something that has not been trumpeted: more than 20 cases in which judges found police officers’ testimony to be unreliable, inconsistent, twisting the truth, or just plain false. The judges’ language was often withering: “patently incredible,” “riddled with exaggerations,” “unworthy of belief.”"
What's almost as interesting is that NY is helping to initiate federal cases because, presumably, NY law gives a lower (probably significantly lower, given the trouble involved) sentence for felons caught carrying. I thought NY had such a crime problem that they wanted the other 49 states to act in conformity with their desires? Certainly doesn't sound like it.
Hat tip to reader Jack Anderson....
Comments
Instapundit also linked to this story.
And the powers that be wonder why the public doesn't trust the police so much. These communities know about all these activities even if Federal judges are too blind to see.
Posted by: Robin at May 12, 2008 11:33 AM
Crap, the BATFE lied about the "accuracy" of the NFA Registry for years and years and nobody ever caught them until one of their own trainers was stupid enough to admit it on a training tape that was supposed to be in-house. Even with that, nobody at ATF was ever punished or even reprimanded. In light of the wonderful example set by the supposed betters in the federal system, why should NYC cops think they should have to tell the truth?
Posted by: Letalis Maximus, Esq. at May 12, 2008 11:42 AM
THIS is why the exclusionary rule (in a tough form) is essential. It is the only disincentive the cops and prosecutors face.
Posted by: 30yearProf at May 12, 2008 11:43 AM
The single time I was on jury duty in Queens County as an alternate, the cop on the stand said that he had clearly seen the defendant from across the street, as the sun was up and he was clearly visible. At 6:00 AM. In January. Uh huh.
Don't know what happened, as I was excused. But it was certainly a valuable lesson.
Posted by: Affe at May 12, 2008 11:52 AM
I can’t help but think that these sorts of police tactics are indicative of the whole ‘police state’ mentality that seems to be common wherever firearms are banned. After all, if the citizenry votes away one right (firearms) who are they to complain when the police disregard their other rights?
Posted by: Mainsail (Chris) at May 12, 2008 04:59 PM
Let's see, starting salary for the NYPD is around $25,500. Can anyone live on that in NYC? I doubt it. You get what you par for.
Posted by: ParatrooperJJ at May 13, 2008 08:36 AM
I've gone shooting with guys from the NYPD quite a few times, some of them are quite professional, but its a huge force (over 36 thousand). Some of them make mistakes, but its not their fault that the department spends 3 million dollars a year on typewriter repair and replacement rather than modernizing and allowing them to join the 21st (or even 20th) century.
Posted by: Anonymous at May 13, 2008 01:50 PM
It is their fault when they shoot innocent unarmed citizens. It is their fault when they arrest people for violating unconstitutional laws and ordinances. It is their fault when they know another cops committed crime or trespassed rights of citizens and they do not speak up. It is their fault when they cover and support crooked, brutal, or incompetent cops.
There is plenty of fault for even those who don't actively participate in the bad behavior of fellow officers when they not only tolerate it, but support by their support of criminal cops.
Posted by: straightarrow at May 13, 2008 09:24 PM