Does the supreme courts decision on searches count for past violations of the law?

  • Thread starter Thread starter Joe Blough
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Joe Blough

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Meaning, if the same thing happened before this decision, but a conviction resulted from a search like this, did the law apply then, or only now that it's been looked into and found to be a violation of Rights?
Laughter: if it's nor a "new" rule, but one that has been clarified for the reading impaired, does it not apply anyway?
And, since a court is "supposed" to "know" the law, but doesn't, every conviction still stands?
Isn't that like telling someone not to walk in front of a bus after they did?
 
Retroactivity of a new decision of constitutional law is a very complex subject that cannot be answered with a few lines. Some decisions are effective only after they are announced. Those generally apply to anyone whose conviction is not yet final on the day the decision was announced. Others are retroactive and can apply to invalidate an ancient conviction. There are hundreds of cases concerning the circumstances under which a new rule of law is to be applied retroactively.
 
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