{"id":2974,"date":"2009-03-01T13:49:43","date_gmt":"2009-03-01T10:03:41","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-03-01T13:18:38","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2974","title":{"rendered":"Herring<\/em> in extremis: East Tennessee Sheriff wants to serve 80 year old arrest warrant, without looking to see whether it was already served"},"content":{"rendered":"

In a clear publicity stunt, the Sheriff’s Office in Elizabethton, TN unearthed an 80-1\/2 year old arrest warrant in a storage area and sent it off to be served, oblivious to whether it has already been served. They admittedly don’t even know whether the warrant has already been served. Historical 80-year-old warrant provides blast from the past<\/a>, posted Thursday, Feb. 25, 2009, in the Elizabethton, TN, Star.<\/p>\n

An 80-year-old warrant was recently returned to the department from the Glynn County Sheriff’s Office in Brunswick, Ga., charging J.A. Rowland with violating the Tennessee bad check law on Aug. 13, 1928. The warrant is signed by Justice of the Peace R.T. Johnson and lists the amount of money owed by Rowland–$30 for the bad check, $2 for the arrest fee and 50 cents each for the affidavit and warrant. <\/p>\n

. . .<\/p>\n

The warrant was found buried in a records storage room at the Glynn County Sheriff’s Office during a cleaning exercise and mailed to the CCSD for its historical significance. <\/p>\n

Information detailing whether Rowland was ever arrested or paid the $33 is not provided with the aging papers, but current Sheriff Chris Mathes said legally, he is still under obligation to find him. <\/p><\/blockquote>\n

So, under Herring<\/a>, assuming they can find centenarian Mr. Rowland, handcuffing the desperado they believe he is (“Apparently, Rowland’s life of crime began when he passed the bad check [in 1928], ….”), and taking him to jail, the exclusionary rule would not apply to Mr. Rowland’s search incident. (Not that they would find anything, but what about the indignity to him?) Maybe then<\/em> they will check on whether the warrant was ever served, rather than now, before it is served. Under Herring, do they even have to?<\/p>\n

That wouldn’t be as much fun, or worth the press. Imagine the lawsuit against the Sheriff it if the warrant turns out to have been already served. What about strip searching the old man when he is booked in?<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2974","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2974","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2974"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/2974\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2974"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2974"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2974"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}