Thursday, March 06, 2003

Denouncing the Alleged Offenses, Two Judges Suppress Evidence Finding FBI Was Recklessly Misleading in Warrant Applications Judges Attack Online Child Porn Crackdown. Two federal judges have dealt a potentially crippling blow to a nationwide Internet child pornography crackdown, saying the FBI recklessly misled judges to get search warrants that were used in making more than 100 arrests. [Associated Press headlines via GoUpstate.com] The FBI was dealt a setback today by, of all things, the Constitution and the Fourth Amendment.  Two Federal Judges have found that the Bureau's agents showed reckless disregard for the truth in applying for search warrants.  The Supreme Court's oft-cited decision in Franks v. Delaware provides that where a defendant can show that a law enforcement officer misled the judicial officer who issued the warrant, either intentionally or through reckless disregard for the truth of the information in the affidavit supporting the warrant, suppression of evidence is required if the affidavit, after the offending information is deleted, does not support probable cause for the search. 9:01:29 PM    comment [] Senator's seek to bring the Sixth Amendment's guarantee of "a speedy and public trial" into the TV age "Two Senators Push Courtroom Camera Bill". "Two Senators Push Courtroom Camera Bill": The Associated Press offers this report. [How Appealing] 6:04:25 PM    comment [] Interesting Stat from the U.S. Attorney's Office for the District of Delaware making a federal case. In the past eighteen months, federal cases in Delaware increased at a rate unmatched by any other federal district in the nation. A new U.S. Attorney and closer cooperation between state and federal prosecutors and police are likely reasons for the increase. [Delaware Law Office] While the article indicates that the criminal caseload is up more than 100%, it also notes that more than one third of the cases involve firearms offenses.  Thus, the numbes are up, but is the quality?  This is an example of the federal prosecutor boosting numbers by taking on traditionally state oriented prosecutions, rather than applying what were obviously under used prosecutorial resources in a way which takes on the kind of complex criminal cases which the state generally does not have the resources to handle. 5:52:48 PM    comment [] Bold Move Against the Death Penalty in Illinois Illinois House Panel Nixes Death Penalty. An Illinois House committee voted Thursday to abolish the death penalty, raising the stakes in the long debate over how to respond to flaws in the state's capital punishment system. The 8-4 vote by the judiciary committee sends the bill to the House. [Associated Press headlines via GoUpstate.com] 1:43:27 PM    comment []

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