Constitutional Law

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....

Full post as published by Of Arms and the Law on May 12, 2008 (boomark / email).