Where I Stand -- Mike O'Callaghan: Justices continue assault on law and common sense

LAST YEAR'S NEVADA SUPREME COURT ruling in the matter of Ruben Barrios-Lomeli vs. Nevada flew in the face of both the rulings of the U.S. Supreme Court and reality. This week the Nevada justices reaffirmed their original ruling.

Lomeli, a Californian identified as a drug dealer, was apprehended in a Carson City Wal-Mart store. After he was taken outside, two officers searched his car and found four ounces of methamphetamine behind the dashboard and removable stereo. Following this, he was arrested for trafficking in a controlled substance.

Lomeli filed a written motion to suppress all evidence seized from the warrantless search of his vehicle. The district court denied his motion, which was later overturned by the high court when it ruled that a search warrant should have been obtained within the time limit the police are allowed to detain the suspect and his car -- only 60 minutes.

Justice William Maupin, the newest member of the high court and former Las Vegas district court judge, disagreed with his colleagues when writing: "Despite the elegance with which the majority expresses its point, I believe the potential for logistical difficulties in obtaining search warrants, even in this 'electronic age,' merits nonrigidity in the application of the one-hour time limit. For example, whether in a remote area of our state, or within the congested confines of the Las Vegas Valley, a police officer in a squad car will inevitably be at a loss to comply with the rule in some instances, with or without a mobile or land-based telephone. Also, I still believe that the court wrongfully decided the underlying issue, to wit: whether the contraband seized from appellant's car should have been suppressed on Fourth Amendment grounds. See California vs. Carney, 471 U.S. 386 (1985). Thus, I would fully rehear the matter."

Maupin's dissenting opinion tells us that he hasn't been in Carson City so long that he has forgotten what problems law-enforcement officers face night and day across our nation. With three more district court judges, Myron Leavitt, Nancy Becker and Debra Agosti, joining the Supreme Court next January, we can hope that a new infusion of reality will take place. If it does, then more fresh blood during coming elections may be advisable.

Judge Mills Lane is now on his way to a well-deserved life of fame and fortune. His replacement on the bench in Reno, Judge Margaret Springgate, like Mills, is no slouch. Her colleagues tell me that she has done an outstanding job as a new judge. Her first eight weeks as a judge she had five jury trials, held more than 340 criminal hearings and ruled on numerous civil matters. A Reno attorney says, "She is a good judge with the kind of work ethic needed in Nevada. She is so busy doing her job she isn't taking enough time to campaign." It would be a shame to lose a good public servant because she is busy doing a good job for the people. ... What is the penalty for people who attempt to destroy the reputation of innocent and hard-working public servants? Some people took pleasure in dragging the name of County Commissioner Myrna Williams through the mud for months. The Nevada Ethics Commission did little to help by delaying her hearing, in which she proved her innocence. Williams, one of our most effective public servants for many years, was wounded unfairly by people using a law she helped pass when a legislator. The voters in her district could have told the critics that these false charges were all political smoke without any fire. ... Carson City District Judge Mike Fondi used common sense when ruling that a candidate for a nonpartisan office shouldn't be affected by the law not allowing change of political-party registration taking place after September of the year preceding an election. ... Few people have done as much for charity and the people of Southern Nevada as entertainer Wayne Newton. Since his early days singing down on Fremont Street he has been an invaluable citizen of our area. Last week Wayne thrilled Reno's senior citizens when making a pitch for the foster grandparent program. A friend told me that "sometimes we take stars like Newton for granted and don't appreciate all the good they do." ... Community College of Southern Nevada President Richard Moore is a firecracker burning at both ends. He may upset some slow-movers, but his drive to provide the best education possible for our area is dynamic. His plans for a science building is exactly what Nevada needs for the next century.

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