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Alleged serial killer's trial delayed while defense seeks state Supreme Court decision on DNA evidence

Original post made on May 21, 2021

A legal case about whether John Getreu's DNA is protected under the Fourth Amendment is in the hands of the state Supreme Court.

Read the full story here Web Link posted Wednesday, May 19, 2021, 9:33 AM

Comments (3)

Posted by Probable Cause
a resident of Stanford
on May 21, 2021 at 7:44 am

Probable Cause is a registered user.

Probable cause is a key element of the 4th Amendment which prohibits illegal search and seizure.

Some examples...

Searches and seizures inside a home without a warrant are presumptively unreasonable.

Payton v. New York, 445 U.S. 573 (1980).

However, there are some exceptions. A warrantless search may be lawful:

If an officer is given consent to search; Davis v. United States, 328 U.S. 582 (1946)

If the search is incident to a lawful arrest; United States v. Robinson, 414 U.S. 218 (1973)

If there is probable cause to search and exigent circumstances; Payton v. New York, 445 U.S. 573 (1980)

If the items are in plain view; Maryland v. Macon, 472 U.S. 463 (1985).

Criminal defense attorneys are hired (or court-appointed) to get their clients off the hook in any way possible via pre-trial settlements, legal technicalities, and loopholes in the law.

You be the judge on this one.

Posted by The Lawman
a resident of another community
on May 21, 2021 at 8:41 am

The Lawman is a registered user.

It is disturbing and shameful how the ACLU will oftentimes grasp at straws to undermine the efforts of law enforcement and the judicial system in the arrest and conviction of established criminals including rapists, murderers, and pedophiles.

The ACLU in many ways is a subversive legal organization devoted to rewriting our established laws and overiding the will of the citizenry.

Palo Altans need not forget the ACLU involvement and legal threats pertaining to Foothills Park entrance.

And on statewide levels, the ACLU is always trying to block court-sanctioned executions of convicted murderers citing these measures as cruel and unusual punishment for such heinous crimes.

The ACLU is persona non grata in conservative-leaning states and dismissed by law enforcement as a fly in the ointment.

Posted by Solar Renegade
a resident of another community
on May 21, 2021 at 11:46 am

Solar Renegade is a registered user.

The ACLU is a publicity-seeking legal organization that derives its attention from reformist and left-wing causes which will generate a steady flow of revenue into their coffers.

The ACLU is very picky about the cases they are willing to pursue and in many instances, important litigation issues are ignored by them because there are no mass publicity opportunities.

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