Hudson v. Michigan

Justice Scalia, last week, on why the exculsionary rule is not needed to ensure that police officers respect the Fourth Amendment by knocking on doors before smashing them down (emphasis added):

Another development over the past half-century that deters civil-rights violations is the increasing professionalism of police forces, including a new emphasis on internal police discipline.

In Alabama news this week, we see this example of the increasing professionalism of law enforcement:

An internal city audit of firearms in the Dothan Police Department's evidence room showed little care was given to tracking guns, some of which ended up in the hands of officers who considered them as "perks of being an officer." . . .

Among the findings: Guns were taken for personal use and guns listed as destroyed were being used by officers; guns assigned to one officer ended up with another; guns reported stolen were never returned to owners but kept by officers; and weapons were "checked out" to city employees in other agencies and even to private citizens.

And this one:

A former Houston County deputy pled guilty to selling a gun to a convicted felon and supplying him with cocaine to sell, authorities said Monday.

Michael Shawn Campbell, 27, of Dothan pled guilty Monday to possession with intent to distribute cocaine and sale of a firearm to a convicted felon, the U.S. Attorney's Office announced.

Campbell, who was a deputy with Houston County's narcotic unit at the time, admitted to selling the gun and supplying crack cocaine to Joshua Whigan, an Ashford man Campbell knew to be a convicted felon, authorities said. Whigan reported Campbell to authorities and worked with the FBI and Ashford Police Department on the case.

Then there is this one, from Tallahassee, Florida:

A furious gun battle erupted inside a federal prison Wednesday when a guard opened fire on FBI agents who had come to arrest him and several others on charges of having sex with female inmates in exchange for money, alcohol and pot. Two people were killed and another was wounded.

The dead were the guard and a U.S. Justice Department investigator, according to a law enforcement official speaking on condition of anonymity because of the sensitivity of the situation. A prison employee helping with the arrest was hospitalized.

Six guards in all had been indicted Tuesday in an alleged sex-for-contraband scheme that authorities said went on for two years.

If my rights depend on the goodness of those who want to infringe on my rights, I really do not have any rights at all.

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Explore posts in the same categories: Fourth Amendment, Scotus

3 Comments on “Hudson v. Michigan”

  1. Kathy Says:

    I wonder what Scalia would do if the police broke down his door and disrespected his fourth amendment rights.


  2. […] I would have added this to the previous post, but it deserved one of its own. From the Agitator: I just spoke with Prof. Sam Walker, one of the most respected criminologists in the country, and an expert on police tactics and procedures. Justice Scalia cites Walker in his opinion in Hudson, quoting him directly on page 12: There have been "wide-ranging reforms in the education, training, and supervision of police officers." S. Walker, Taiming the System: The Control of Discretion in Criminal Justice 1950-1990, p. 51 (1993). […]


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