NOT JUST A TECHNICALITY

They're Fundamental Rights

District judges have thrown out a couple of moderately-high-profile
drug cases in our area recently because the suspects' constitutional
rights were violated. Many find this irritating and grumble about how
inconvenient these so-called rights make the job of prosecuting
criminals.

Perhaps they are inconvenient for some, but they are also in large
part the underpinning of our entire society.

On Feb. 19, Judge John Murphy dismissed a case against a Missouri
couple because they were searched without probable cause. That case
was particularly disappointing since the original arrest came as the
result of an intrepid resident who suspected something was up,
confirmed his suspicion and called police.

On Tuesday, evidence against a North Platte man, including his own
admission of guilt, were thrown out because police had not warned the
suspect of his "Miranda" rights before he confessed.

So, what did society gain by setting these people free?

In the first case, it was our right to privacy. The Fourth Amendment
to the Constitution is a direct result of the Framers having lived in
England, where the king's agents were free to break in to people's
homes and wreak havoc, then prosecute based on anything they found
there.

In reaction, the colonists wanted to be sure private property holders
could be safe from such invasions unless the authorities had a good
reason to search them. They also wanted to be sure no one could be
tried based on evidence obtained in one of those break-ins.

The Fifth Amendment's protection against self-incrimination, the
Miranda rule, is also at its core a privacy issue.

These protections are vital to our economy. In a capitalistic country
such as ours, few would start businesses or invest their money if the
government could seize and destroy private property at will.

Public defender Bob Lindemeier, the defense attorney in both these
cases, and Judges Murphy and Rowlands did their duty to the
Constitution in dismissing these cases. They weren't popular actions,
but they were right.

In our free society, these constitutional protections seem trivial
and bothersome. But remember, such "technicalities" seemed to be
worth fighting for in 1776.