Arizona v. Evans 1995

• Author: Daniel Brannen, Richard Hanes, Elizabeth Shaw
• Pages: 329-333

Contenidos

• Computer Glitch.
• Good Faith Exception.
• Big Brother.
• Impact.
• Suggestions for further reading.

Page 329

Petitioner: State of Arizona

Respondent: Issac Evans

Petitioner's Claim: That marijuana found during an illegal arrest caused by a computer error could be used to convict Evans.

Chief Lawyer for Petitioner: Gerald Grant

Chief Lawyer for Respondent: Carol Carrigan

Justices for the Court: Stephen Breyer, Anthony M. Kennedy, Sandra Day O'Connor, William H. Rehnquist, Antonin Scalia, David H. Souter, Clarence Thomas

Justices Dissenting: Ruth Bader Ginsburg, John Paul Stevens

Date of Decision: March 1, 1995

Decision: The Supreme Court said Arizona could use the evidence if the computer error was not the police department's fault.

Significance: Evans makes it easier for states to use evidence they get in violation of the Fourth Amendment.

The Fourth Amendment of the U.S. Constitution protects privacy. It requires federal law enforcement officers to get a warrant to arrest and search a suspected criminal. To get a warrant, law enforcement must have probable cause, which means good reason to believe the person to be arrested has committed a crime. State law enforcement officers must obey the Fourth Amendment under the Due Process Clause of the Fourteenth Amendment.

Page 330

To enforce the Fourth Amendment, the U.S. Supreme Court created the exclusionary rule. This rule prevents the government from convicting a defendant with evidence found during an arrest or search that violates the Fourth Amendment. Without the exclusionary rule, the police would be encouraged to disobey the Fourth Amendment because they still could use any evidence they found.

Computer Glitch

Bryan Sargent was a police officer in Phoenix, Arizona. In January 1991, Sargent saw Issac Evans driving the wrong way on a one-way street in front of a police station. Sargent stopped Evans and asked to see his driver's license. Evans told Sargent he did not have a license because it had been suspended.

Sargent went back to his police car to enter Evans's name into a computer data terminal. The computer told Sargent that Evans's license had been suspended. It also said there was a warrant for Evans's arrest for failure to appear in court for traffic violations. On the strength of the warrant, Sargent returned to Evans's car and arrested him. While he was being handcuffed, Evans dropped a hand-rolled cigarette that smelled like marijuana, an illegal drug. The police...