Kelly’s ‘Technicality’ Is Your Basic Constitutional Right
In the Jan. 4 Spokesman-Review Judge Marcus Kelly is accused of throwing out evidence because of a “technicality.” Roundtable letters complain about soft judges, loopholes and microscopic technicalities. Clearly, people concluded that something frivolous was relied on to prevent the evidence from being used.
The “technicality” here is the Fourth Amendment to the U.S. Constitution and a similar provision in the Washington state Constitution.
Prior to any evidence of an assault, two sheriff’s deputies entered a private residence without a warrant. Federal and Washington law require that police not enter private residences without a warrant. An invitation to enter or “exigent” circumstances are exceptions.
I represented Kevin Boot. A motion to suppress evidence was made. At a hearing, both officers testified that no consent was obtained to enter the dwelling. Both conceded they could have applied for a warrant.
Judge Kelly found that the officers entered the private dwelling without a warrant and there was no exception to the requirement present. The judge followed appellate court decisions. He was bound by the law.
It was evident that Judge Kelly was not happy about what he had to do. Had he not followed the law, he would be subject to reversal by the Court of Appeals.
Our forefathers provided basic protections to all citizens. No one should consider a basic constitutional protection such as freedom from unreasonable police intrusion into private lives a mere technicality.
Articles such as this feed the anger and ignorance of people who have no idea what a constitutional guarantee is. John Hunt Whaley Assistant public defender
The Golden Pen is a feature of the Monday Opinion page. Each week, The Spokesman-Review editorial board nominates one piece of artwork or a published letter to the editor of its Golden Pen award. At the end of each month, the board will choose one of the nominees to receive a 10-karat gold Cross pen. At the end of the year, the monthly winners will be honored at a reception.
xxxx Letters to the Editor From Jan. 9