The United States Supreme Court, in a decision concerning the lawfulness of a stop and search of a man, founds grounds to justify the arrest of the person despite ruling that the police officer violated the man’s constitutional rights by stopping him in the first place. The decision, issued in Utah v. Strieff, is disturbing because it expands the scope of where unlawful police action might be negated where other circumstances, not known at the time of the unlawful police conduct, become known.
The facts of the case involved a drug investigation of a house in Utah, where the police had received an anonymous tip of “narcotics activity.” Police conducted “intermittent” surveillance of the home where they observed visitors who had left a few minutes after arriving. One day, they observed this particular defendant leave the home and walk to a nearby convenience store. A detective approached him and asked him what he was doing at the home and requested the man’s identification. Continue reading →