Search And Seizure

by David Dean

A few months ago I had the honor of presenting at the annual Pennwriters conference in Lancaster, PA.  As some of you may remember, I had definite qualms about whether I was up to this task as it lay outside my comfort zone.  In the event, nothing was thrown at me, and those that had not actually fallen asleep, said they found my talk very soothing.  So I counted my class on short story writing an unqualified success.

The attendance at my next scheduled effort, a presentation on police procedures and crime fiction, was much better attended.  The organizers had apparently spread the rumor that this event would feature an open bar.  They failed to specify that it was a coffee bar.  Still, the attendees remained, perhaps thinking that the "real" bar would be thrown open as soon as I finished talking.  In order to hasten that moment, several of the more enterprising began asking questions almost as soon as I was introduced, thinking no doubt that the quicker they talked me through this, the better.  These had probably attended my earlier lecture.

Their questioning revolved largely around a central theme--what the police can...and can not do...legally.  In other words, police power.  This is an issue which police officers themselves wrestle with on a daily basis.  If we rely on crime fiction (especially the Hollywood style of fiction) to inform us, then we would conclude that there are no meaningful limits or controls on law enforcement officers.  If the featured officer is a good guy, then he is justified in doing almost anything to achieve justice--and he does.  But benignly, of course.  When the opposite is true, the bad officer is characterized as an out-of-control criminal in uniform, and suddenly rules matter once more.

But what are the rules?  It's a big subject as my fellow SleuthSayers who have been involved in law enforcement, or criminal law, know.  Still, one good place to begin is with the issue of search and seizure.  And for that, we must turn to the Fourth Amendment of the U.S. Constitution. 

In essence, this is the guarantor that our homes, persons, and property will be protected from unreasonable searches and/or  seizures.  For a search or seizure to be considered reasonable normally requires a search warrant.  Getting a search warrant, as R.T. Lawton knows I'm sure, is seldom something that can be accomplished quickly or easily.  It usually involves a good deal of investigation, followed by a written affidavit describing in detail the officer's probable cause for the search and its necessity.  Additionally it must carefully describe the premises to be searched, and as exactly as possible, the object of the search.  It then goes through several layers of review by prosecutors before it, and the investigating officer, must appear before a judge.  That same officer is often responsible for preparing the actual warrant, as well, which is the document that the affidavit supports.  Then the judge will give it the thumbs up, or no, and it isn't always a slam dunk.  Sometimes he will demand info that he feels is essential to the warrant but is not currently included.  Then it's back to the drawing board.  All of this can take hours, days, weeks, and even months to accomplish the goal of entering someone's home to legally search it.  This is most often the work of detectives and investigators. 

The uniform, or plainclothes street officer, works in a very different environment and often finds himself operating within the happening-right-now-and-what-are-you-gonna-do-about-it world.  Decision-making gets telescoped into minutes or seconds, and there are no judges or lawyers working the night shift or responding to calls with the officer.

Because of this the courts have recognized that there must be exceptions to the warrant requirement.  On the face of it the idea may sound shocking.  But if some exceptions weren't carved out, an officer in hot pursuit of a murder suspect would have to wait outside the front door if he failed to catch up to him before he got inside.  That would be unsatisfactory in the extreme, and also boring. 

Warrant?  I don't need no stinkin' warrant.

So here they are--the exceptions to the search warrant requirement:

1. Search Incident to Lawful Arrest: Kind of a no-brainer, I think.  When a person gets arrested the officer is allowed to search both his person and the area within his reach, or "wingspan".  Of course you need probable cause to make the arrest, which can be defined as more than reasonable suspicion but less than the evidence required for a conviction.  That shines a light on it, doesn't it?  P.S.  Since this was written the Supreme Court has ruled that cell phones recovered in such situations are excluded from this exception and require a search warrant.  I need time to digest this one before commenting.

2. Plain View Exception: No warrant is required if the officer can see evidence in plain view (narcotics, for example) and  he is legitimately in a position to do so.  For example: He responds to a home to administer CPR to an unconscious victim, and sees on the nearby coffee table a mirror with a mound of white powder and a razor blade on it.  Plain view would probably not apply to that same officer using a pair of binoculars from a block away to see the same thing.  

3. Consent: Suspects can, and sometimes do, give their consent to enter and search their property.  The person giving the consent must be reasonably believed by the officer to have the authority to do so.  Here, in New Jersey, Consent to Search forms are used to document the transaction.  It helps to repudiate later claims that the consent was not freely given.  As for blood stains found on such documents, these are easily explained away as the result of paper cuts.  The suspects are also advised that they do not have to give consent and may stop the search at any time.  And yes, they do sometime give consent even though they are in possession of something naughty.  My theory is that they think cops are slow-witted and can never, ever figure out where they have so cleverly hidden the contraband.  Sadly for them, it is most often not the cop who is slow-witted.

4. Stop and Frisk: A police officer may stop and frisk a person if he has reasonable suspicion that he may be armed and dangerous.  This is more than mere suspicion, but less than the level required for probable cause.  That's illuminating, isn't it?  It is worth noting that a frisk is a pat-down of outer clothing for the officer's safety.  He could progress to an actual and more thorough search of the suspect if he encounters what he believes to be a weapon during the pat-down.  Kind of a "plain feel" exception.  Though the person has not been arrested, he has been "seized," hence the need for the exception.

5. Automobile Exception: This actually applies to any vehicle, including boats.  If the officer has probable cause to believe that the vehicle contains evidence of a crime, contraband, etc...he may conduct a search for the item he believes may be present, but only in the areas where such an item could be hidden.  E.g. He can't look in the glove compartment for a robbery suspect; though he may search there if he is looking for a gun used in a crime.  This exception is allowed because of the highly mobile nature of vehicles.  If the car were parked in a driveway without an operator, a warrant would be needed. 

6. Emergencies and Hot Pursuit: If evidence is in danger of being removed or destroyed the officer can utilize this exception.  This is also the one that covers the fleeing suspect I mentioned earlier; allowing the officer to continue his pursuit onto and into private property without a warrant.  Even if the property is that of a third party.  Here's one for you: If during the apprehension of this fleeing suspect inside a very surprised John Q. Bystander's house, you see that John Q. is building a bomb, you can go ahead and arrest him, too, under the Plain View exception.  Then both men can be searched Incidental to Lawful Arrest.  What fun you're having!

The exercise of any of these exceptions often lead to a probable cause hearing after the fact.  This is the defense attorney's opportunity to have thrown out any evidence that the officer discovered as a result of the search.  The officer's interpretation of the search warrant exception utilized, as well as his understanding of the events leading up to it will be called into question.  This is not only a matter of checks and balances, but quite likely the suspect's best chance of beating the charge.  If the judge rules that the officer misused the exception, or otherwise overstepped the constitutional boundaries of the Fourth Amendment, the evidence will be thrown out and his case most likely dismissed.  The fruit of the poisonous tree doctrine states that evidence illegally obtained is tainted and cannot be used in court against the defendant.

Well, that's enough for today.  I'll see you all back in your seats in three weeks.  Until then--Bar's open!

Next Time--WHY WON'T ANYONE TALK TO ME? or A FEW WORDS ON MIRANDA AND SUCH LIKE.      



     


        

My Scarlet K

Early one morning (in the 1880s) a large pool of blood was found near Fifth and Congress Avenue giving the impression to passers-by that some dark and dreadful tragedy had been enacted there but nothing was ever learned concerning it. (Compiled from:Austin History Center Records.)

by Jan Grape

    I looked at myself in the women’s locker room mirror, surprised to see I didn’t look any different. Yes, my hair looked windblown and my eyes somewhat bloodshot and fatigue lines radiated from each corner, but that was all. Totally normal. I didn’t know what I expected. A gray streak, maybe, suddenly appearing in my hair? A scarlet K on my forehead? The mirror’s reflection didn’t show anything unusual, but I whispered, “I am a killer.”

    I’d never killed anyone before and I hope I never will again.

    The victim? A young male. In death, he looked no more than eighteen, but I now learned he was twenty-five. I remember how his black hair swept back from his thin face and how his black eye stared in that glassy way of the dead. That tragedy left one reality quite strong– that pool of blood is forever etched in my mind.

    Pure and simple self-defense? Yes, indeed. And in a way, you could say I have a license to kill. I’m a police officer for the Austin Police Department. The shoot was perfectly legal by anyone’s standards.

    I didn’t know who he was when I shot him. How could I? He was only a shadowy figure in the darkness. I saw him force a female officer he’d already wounded to walk ahead of him, her hand dripped her life force. He had used her for a shield. The guy had asked for it, hadn’t he?

    In the last few minutes of his life before I arrived on the scene and before taking this officer hostage, he had shot another policeman, a man named Lopez, one of the new young ones.

    When I confronted the suspect I had identified myself as a police officer. I’d asked him to give it up, but he shoved the policewoman to the floor and fired at me. That was when I shot him.

    Only afterwards when it was over did I find out he was Jesse Garcia– a felony suspect– wanted for eight long months because of an earlier shooting. Wanted for shooting yet another APD officer.

    For the past eight months, that other officer lay in a coma in a nursing home with little hope of recovery while his shooter, Jesse Garcia, was hiding in Mexico. I could picture Garcia drinking tequila and chasing girls.

    That other officer? Formerly a Special Missions officer. Formerly handsome, witty, intelligent, funny, gentle. Formerly a loving husband. Byron Barrow, my husband.

    Physical evidence proved without a doubt that Garcia, a known gang-banger, had fired the gun that wounded Byron, but Garcia took off the morning the arrest warrant had been issued. Ran to Mexico.

    “Zoe?” Lynda Haynes, a civilian working desk duty at headquarters, stuck her head inside the rest room door. “Are you okay, Zoey?”

    I hate being called Zoey because my name is pronounced Zoe like Joe. But Lynda’s tone was gentle, and I knew she only meant it in an endearing way. She wore a heavy perfume that wafted ahead, filling my nostrils and causing my stomach to churn in rebellion. I barely managed to keep it in control. She came inside, stood next to the sink, and stared at my reflection briefly before looking at me.

    Was she also searching for a scarlet K?

    “You been throwing up?” She asked.

    She wasn’t accusing in any way, her only concern was how I felt, how I was dealing with the aftermath– nothing more.

    “I don’t think there’s anything left down there.”

    “Yeah. I figured.”  She reached and patted my forearm. “Rob Morton wanted me to check on you.”

    “Tell him I’ll be out in a few minutes.”

    “If it makes you feel any better, Zoe. That puke got what he deserved.” Her lips stretched into a brief smile before she turned and walked out.

    Turning on the cold water faucet, I pulled a handful of paper towels from the dispenser and wet them. I held the cool wadded towels against my eyes, then re-wet them and wiped my mouth. I found a comb in my shoulder bag, ran it through my hair, put a dab of color on my lips, and looked in the mirror once more. “That’s a little better, Zoe.”

    Do I have regrets? Yes– and no. I’ll never forget that bloody horror and the knowledge that I took the life of another human being, but I’ll also never forget that I got the scumbag who nearly destroyed my life eight long months ago.

---

Comments please… especially about the little historical note at the beginning.

See y’all next time.

Impossible Things Before Breakfast, 3

by Leigh Lundin

Okay, you get drunk. It happens. So drunk, you pass out. That can happen, too. When you wake up, you have no memory of the previous night, not even of a rough crowd and prostitutes… That might happen too. And you’re charged with homicide.

Wh-h-at?

Yup, murder of a wealthy and important man, killed during a home invasion and robbery. It can happen, especially in 1930s and 40s detective noir novels, but not so much these days, right?

Recap

In our first installment, the White Queen in Through the Looking Glass claims, “Sometimes I've believed as many as six impossible things before breakfast.” We described a seemingly impossible case where a supposed murderess was killed weeks before she was believed to have killed another woman.

In our second article, we visited the case of a female serial killer who appeared to outwit police. She wasn’t what she seemed.

Today, again thanks to a reader, we look at a current case, that of a drunk who passed out only to awake to accusations he’d murdered a man.

The Scene

15km south of San Jose in the heart of Silicon Valley and adjacent to Los Gatos, California, lies the wealthy bedroom community of Monte Sereno. There Raveesh ‘Ravi’ Kumra, entrepreneur and one-time-winery owner lived and died.

Police arrested a number of suspects including a couple of prostitutes and a businessman named Lukis Anderson. Mr. Anderson had no memory of murdering anyone, let alone a man he didn’t know in Monte Sereno. That was unsurprising: Anderson’s blood alcohol exceeded five times the legal limit. But he had a good alibi: At the estimated time of the murder, Anderson was comatose, insensibly blacked out in a hospital.

State of the State

But criminalist Tahnee Mehmet Nelson felt certain Anderson had committed the murder and she found DNA on the victim's body to prove it. And prosecutor Kevin Smith believed her.

Unfortunately, Mrs. Nelson has baggage of her own– she’d been at the center of bungled DNA testing and a subsequent cover-up. And Santa Clara County also bears a tarnished reputation that resulted in an earlier wrongful prosecution. Far from being an independent department, the crime lab is run by and beholden to the Santa Clara County District Attorney’s office.

The Unsinkable Molly O'Neal

But Public Defender Molly O'Neal dug into the case and proved to her own satisfaction that Anderson couldn’t have been in two places at once– unconscious in a hospital and miles away elsewhere murdering a man he’d never met.

Prosecutors don’t like to give up. District Attorney Kevin Smith kept Anderson in jail four months, despite overwhelming evidence to the contrary. Finally, he and ADA Scott Tsui dropped charges against Anderson, although their office continues investigating.

So what happened? Molly O'Neal believes the fault might not lie with the lab, despite their recalcitrance, but with the paramedics. She suggests the same paramedics who brought in Lukis Anderson might also have handled the murder victim after failing to properly clean up, thereby contaminating the crime scene.

So…

If only DNA evidence was considered, it would have convincingly put Mr. Anderson in the dock and likely in prison. But thanks to a dedicated public defender,  Molly O'Neal brought justice to the court system, proving her client innocent.

I Am Not a "sexy porn gerl" and other Twitter Mishaps

Okay, I admit it.  I'm a literary slut.
My mentor, the late novelist Michael Crawley, called me that because I write in several genres (mystery, time travel, fantasy.)  Sometimes all at once in the same book.  This girl gets around.

But these days - like everyone else - my publishers are turning me into a social media whore. (Whoops, did I say that on prime time? <blush>)

"Frolic on Facebook!" they say.  "Tattle on Twitter!" they insist.  "Get out there!"

I'm out there, all right.  I'm so far out there, I may need mouth to mouth and a slug of scotch to crawl my way back.  (Yes, what follows is the absolute truth.)

The Inciting Incident:

It started with the Berlin Brothel.  Lord knows why a brothel in Berlin decided to follow me on Twitter.  I don’t live in Berlin.  I’ve never worked in a brothel.  Don’t think I’ve even typed the word ‘brothel’ before now.  I certainly haven’t said it out loud.

Then some wag from Crime Writers of Canada said: “Maybe they’ve read your first book Rowena Through the Wall.  That’s it!  You have a following in Germany. The girls who work there have to do something in their downtime.”

Let me do a cyberspace blush here.  Okay, my first book is a little hot.  “Hot and hilarious” as one industry reviewer put it.  But it’s not x-rated.  It’s not even R, according to my daughter.  (Husband has yet to read it. We’ve hidden it well.)

Then friend Alison said: “It’s a brothel!  Maybe your latest crime comedy, The Goddaughter’s Revenge, is required reading by the owners.”

But back to Berlin. I didn’t follow them back. Somehow, that didn’t matter. The word was out.

‘Amateurvids’ announced they were following me.  Good, I thought.  I like nature films.  Take it from me, this outfit doesn’t film bunnies in the wild.  Well, maybe a certain type of wild bunny.

I didn’t follow them back.

Then ‘Dick Amateur’ showed up, wanting to connect. Author friend Gloria read a few of his posts and said: “You at least deserve a Pro.”

So I didn’t follow him back.

Next, I got “Swingersconnect” following me.  Swingers?  I get sick on a tire hanging from a tree.

I didn’t follow them back.

‘Thepornfiles’ were next in line.  I didn’t peek.

Then two days ago, an outfit specializing in ‘male penis enhancement’ turned up. Now, I ask you.  Do I look like a male in my profile photo?  Is Melodie a male name?  And not to be pedantic, but isn’t ‘male’ in front of the p-word a bit redundant?  Is there any other kind?

Which brings me to the tweet in my twitter-box today:  “Hey sexy porn gerl!” (Yes, that’s girl with an e.)  Let me state categorically that I am not now and have never been a “sexy porn gerl” (with an ‘e’ or any other vowel.)

You wouldn’t want me to be.  No one would.  For one thing, I can’t see two feet in front of me without glasses.  Things that used to be perky now swing south. And my back hurts if I bend over to pick up a grape. 

So I’m not following them back.

Melodie Campbell is an infant Sleuthsayer and this is her second column.  She writes comedies, including The Goddaughter mob caper series and the notorious Rowena Through the Wall S&S series.  (That was Sword and Sorcery, not S&M.  For the record.)

Black Market Money

Somewhere not too far from where you are right now, there is a person scheming on a way to make some money. It's human nature to desire an increase in our financial status so we can acquire items that we want in life or think we need. To make this money, most people go out and find a legal job, but there are always those who look to make the easy dollar, the quick buck, regardless of the legality involved. Times of war make for several opportunities.
Summer of '67

The large aircraft finally rolled to a stop. This was it, the Central Highlands. When the door opened, all passengers filed out onto the tarmac. Dressed in rumpled khaki's and low quarters, with all our allowed worldly goods in O.D. duffel bags slung over our shoulders, we lined up for the arriving green buses. Our first indication that we were now in a world different from the one we'd left behind came as the buses quickly emptied out those soldiers going back home on the same plane we'd just arrived on. Those guys in jungle fatigues, with red mud splashed up to their knees, ran joyfully screaming and hollering toward their "freedom bird." Looked like a bad omen to us new guys.

Our second indication came as other in-country soldiers, with time left before rotation back to "the World," walked down our lines quietly offering to exchange MPC (Military Pay Certificates) for good old American greenbacks. They would even pay a little over a dollar in exchange. Some arrivals went for it, some didn't. When we later arrived at the REPO Depot in Pleiku, one of the first things that happened was all U.S. currency was officially converted to equivalent MPC, all brightly colored paper bills much like monopoly money.

Here's how the system worked from then on. Come payday, every soldier reported to his military paymaster (usually a Lieutenant or a Captain), saluted, signed a pay voucher and received about fifty dollars in MPC. The rest of his paycheck got deposited in his bank account back in the States. The military didn't want any soldier to have a lot of money in-country and the also didn't want him to have American dollars, so they gave him MPC which was only good at the PX and other military stores in Vietnam at the time. If he went to the local village, he was first supposed to exchange his MPC for Vietnamese Piasters (so named as a carryover from Vietnam's days as a French colony, whereas the Vietnamese DONG was usually the denomination word printed on the bill itself). Officially, the conversion rate was one U.S. dollar to one MPC dollar and one MPC dollar for about 113 Piasters (or Dong). The Saigon Black Market exchange rate in July 1967 was 157 Dong to one U.S. dollar. A year later in June 1968, it was 180 Dong to a dollar. The entire system made for a lucrative black market in money.

Vietnamese gladly accepted MPC because they would then use it later to purchase goods from the local PX. They couldn't buy anything there directly, but it was easy to make a straw purchase through a sympathetic G.I., and there were plenty of those around. "Third Nationals" had to be careful though about how much MPC they accumulated at any one time because every year or so, the military called in all of the current issue of MPC and exchanged those bills for a new issue. No advance notice was given of the one-day conversion, but Vietnamese citizens weren't allowed to do an official conversion anyway because they weren't supposed to have MPC. Most Vietnamese caught short holding the old issue would offer to pay a commission to a sympathetic G.I. to induce him to exchange their MPC for them. After conversion day, the old bills were only good for starting fires. However, any G.I. making a large exchange came to the attention of military authorities, which meant the CID (army's equivalent to the civilian FBI) would be looking into his affairs.

The locals also gladly took U.S. dollars in payment, if they could get it, because there was no sudden call-in on those bills, plus American dollars were more secure than their own Piasters/Dong. American currency in their hands often made its way up to the Vietnamese politicians and high brass who then deposited this money into personal Swiss or other foreign bank accounts. Other American bills made their way to the Viet Cong who used this currency to purchase medical and other supplies for their own war effort. Sometimes paying it to corrupt G.I.'s who diverted our military supplies.

This should give you a good idea how money itself could become a black market item, which then led to a clandestine market in money orders. Any G.I. making extra money through gambling in the barracks, becoming an entrepreneur in the underground market, or whatever illicit activity he schemed up, soon had a currency problem. Holding large amounts of MPC was no good because those bills only had value in-country. Back in the States, they were worthless. Piasters were a little shaky and not readily convertible out of the country without drawing undue attention, unless you were a legitimate business company. But, as long as a guy was careful, he could use MPC to purchase money orders at the military post office and mail them back home to the States. Trouble was, to stay out of the lime light, he had to find a lot of friends, acquaintances and/or willing G.I.'s, not also in the same trade, to make these purchases for him so his name didn't keep showing up. And, those straw-purchased money orders then had to be spread out to friends, relatives, acquaintances and/or willing G.I.'s on the receiving end to avoid suspicion from the same name always popping up as a receiver. Of course, if you could bribe the money order guy in the military post office that solved part of your problem.

Two weeks from now, more Black Market.

The National Pasttime

It's a golden Sunday afternoon in South Dakota as I write this, and my husband and I are headed off to a minor league baseball game later.  There's a whole bunch of reasons I love baseball.  When I was a kid, I lived in southern California, and we watched the Dodgers every chance we could on TV.  I had a major crush on Sandy Koufax.  My second favorite team, of course, was the San Francisco Giants.  And my mother and I hissed the damn Yankees every chance we got.

Now I have a theory that there is something about baseball that makes it fuel for great novels and great movies, in a way that no other sport seems to do. Granted, every sport has at least one fantastic book and/or movie based on it. And before you start screaming about why I didn't include certain movies, I know that every sport has its dying player movie (Brian's Song v. Bang the Drum Slowly, James Caan v. Robert DeNiro, for example, take your pick), and its unusual and/or unlikable and/or unbeatable coach movie (often ad nauseum, make your own list).  And the occasional one with animal players, often monkeys (Every Which Way But Loose leaps to mind).  SO:

SURFING (my second favorite sport to watch - can you tell I'm a California girl?):  Endless Summer, of course, and Riding Giants.  (And, just for a time capsule and a so-bad-its-good movie, Gidget.)

BASKETBALL:  Hoosiers, Hoop Dreams, and He Got Game.

FOOTBALL:  Friday Night Lights, book, movie and show.  But my personal guilty pleasure is, Semi-Tough by Dan Jenkins, sadly made into an incredibly bad movie in the 70's.
(NOTE to Dan Jenkins:  get Kevin Smith to direct a new version of Semi-Tough, PLEASE, because he's the only director I can think of that could do justice to your profanity-laced, sex-sodden, really f---ing hilarious take on football, rivalry, and true love.  You do that, and it might wash the taste of that Michael Ritchie version out of my mind...)

ICE HOCKEY:  Slapshot.

Now these are good, but if you want depth, I think there are only two sports that really bring it out:  baseball and boxing.

The Natural by Bernard Malamud.  Forget the movie version, though it's good in its own way.  The novel is raw and angry and sad and an allegory of life from the point of view of all of us who have screwed at least one thing up so badly it will never come right or have had fate step in and snatch everything away just as we had it in our hand:
"Roy, will you be the best there ever was in the game?"  "That's right."  She pulled the trigger...
"We have two lives; the life we learn with and the life we live after that."
Back when I put myself through college teaching ESL, we used The Natural to teach our Puerto Rican baseball scholarship students in order to get them to read - and it worked.  It also broke (some of) their adolescent, ambitious little hearts. Great book.  Good movie.

You Know Me Al by Ring Lardner.  A collection of short stories, all letters from the road, penned by Jack Keefe, the dumbest, greediest, most cluelessly self-absorbed pitcher the Chicago White Sox ever had.  I don't think even Will Farrell could capture Jack Keefe, because he is...  just read it and laugh your head off. (NOTE:  Ring Lardner ranks as one of the greatest short story writers of all time, imho, if nothing else for these and "Haircut" and "The Golden Honeymoon")

Shoeless Joe by W. P. Kinsella.  Read it, please.  And, yes, go get the movie.  I hold my breath through half the movie, and then cry shamelessly (usually after the appearance of Burt Lancaster) every time I see the damn thing.

Eight Men Out by Eliot Asinof and Stephen Jay Gould.  A meticulous, well-written, time capsule of the time and events of the worst baseball scandal in history.  The movie isn't any slouch, either, directed by John Sayles with a strong, strong cast, especially D. B. Sweeney as Shoeless Joe Jackson and Studs Terkel as sportswriter Hugh Fullerton.

Speaking of baseball movies, here's a few, in no particular order:
Bull Durham
The Pride of the Yankees
Damn Yankees (whatever Lola wants...)
Ken Burns' Baseball
A League of Their Own
The Rookie
The Babe Ruth Story
Bingo Long Traveling All-Stars and Motor Kings

Now I said baseball and boxing, and first of all, here are some great boxing movies:

Raging Bull.  Rocky.  Requiem for a Heavyweight.  When We Were Kings.  The Harder They Fall.

And I think I may have found the connection.  We all know both boxing and baseball from the inside out. Most of us have played baseball, from sandlot on up.  Most of us have either gotten into a fight or watched one, with a lot (of pride, if nothing else) riding on the outcome.  Both sports give the illusion that anybody with enough heart can do it, otherwise we wouldn't be so damned bothered by all the allegations of doping in baseball, at least.  After all, we don't mind what are essentially genetic freaks (most people aren't 7 feet tall, folks!) in basketball; and when is someone going to bring up the size of American football players, especially fullbacks?  Surfers are too cool dude; and you can't even see hockey players...

But baseball players and boxers are right out there, for us all to see.  And both boxing and baseball movies and novels tend to focus on individual heroism and/or failure.  Both sports allow an individual to take center stage, to let us get to know them, and then watch them sink or swim.  We can make emotional connections. And they can be made into allegories that almost everyone can relate to.

Or at least that's my theory.  Meanwhile, I've got to get out to the ballpark!