Judge Baer ruled on January 24 that the search of Carol Bayless' car was unreasonable because police brutality and corruption are so prevalent in some neighborhoods in New York City that it is natural for people to run away from police. He said that even innocent people flee the police in Washington Heights, a neighborhood where officers were viewed as "corrupt, violent and abusive." Because he found the search unreasonable, Baer excluded 80 pounds of drugs as evidence and a videotape confession in which Ms. Bayless stated that she had made at least 20 round trips from New York to Michigan since 1991 to ferry drugs.
Despite lifetime tenure, federal judges aren't immune from criticism either. In 1996, New York Federal District Court Judge Harold Baer Jr. came under widespread attack for his opinion excluding 75 pounds of cocaine evidence from an accused drug courier's trial.
New York City police observed men drop two duffel bags in a car trunk before fleeing when they caught sight of the police. In part of the opinion that drew the most criticism, Judge Baer wrote it was not unusual for citizens to run from police in the neighborhood of Washington Heights, where he said police are viewed as "corrupt, abusive, and violent."
President Clinton's press secretary hinted that the president might ask Baer to resign but later retracted the statement. Baer ultimately reversed his ruling after hearing new evidence but says the public outcry didn't influence him at all. Looking back, Baer admits, "It wasn't what I'd call an enjoyable moment."
Still, Baer says federal judges must "do what they they think is right," and let the appeals courts judge decide whether they acted correctly.