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Supreme Court Rules 8-1 Citizens Have No Protection Against 4th Amendment Violations by Police
Freedom Outpost ^ | 12-26-14 | John Whitehead

Posted on 12/26/2014 7:31:29 PM PST by TurboZamboni

In a blow to the constitutional rights of citizens, the U.S. Supreme Court ruled 8-1 in Heien v. State of North Carolina that police officers are permitted to violate American citizens' Fourth Amendment rights if the violation results from a "reasonable" mistake about the law on the part of police. Acting contrary to the venerable principle that "ignorance of the law is no excuse," the Court ruled that evidence obtained by police during a traffic stop that was not legally justified can be used to prosecute the person if police were reasonably mistaken that the person had violated the law. The Rutherford Institute had asked the U.S. Supreme Court to hold law enforcement officials accountable to knowing and abiding by the rule of law. Justice Sonia Sotomayor, the Court's lone dissenter, warned that the court's ruling "means further eroding the Fourth Amendment's protection of civil liberties in a context where that protection has already been worn down."

"By refusing to hold police accountable to knowing and abiding by the rule of law, the Supreme Court has given government officials a green light to routinely violate the law," said John W. Whitehead, president of The Rutherford Institute and author of the award-winning book A Government of Wolves: The Emerging American Police State. "This case may have started out with an improper traffic stop, but where it will end—given the turbulence of our age, with its police overreach, military training drills on American soil, domestic surveillance, SWAT team raids, asset forfeiture, wrongful convictions, and corporate corruption—is not hard to predict. This ruling is what I would call a one-way, nonrefundable ticket to the police state."

(Excerpt) Read more at freedomoutpost.com ...


TOPICS: Chit/Chat; Government; Politics
KEYWORDS: 4th; 4thamendment; donutwatch; helen; northcarolina; police; scotus; search; seizure
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To: TurboZamboni

I think the supreme court got it wrong on this one. my fear is that it will cause a corruption of the police departments maybe not now but 20 years from now. I was once the target of a police officer that was doing what could be best called community policing. I left my house at one in the morning to walk to the store. I forgot my wallet and was stopped by a cop who proceeded to question me for ten minutes. looking for a reason to take me into the police station after 1o minutes of this I told him I was not answering any more questions the cop got real hostile with me because I was now scared of the cop I allowed him to search me. he did nothing was on me. some other stuff happened but eventually I was allowed to leave. Later on I would find out that the reason all this took place was that the cops wanted to force out of the neighborhood my landlord son who is best described as a low level criminal. I could see that cop lying about a stop being because I had done something illegal and planting something. we have to hold police officers to a higher standard the a criminal.


21 posted on 12/26/2014 8:07:29 PM PST by PCPOET7 (onated)
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To: TurboZamboni

if cops can ignore the law and scotus can by claiming “reasonableness” in misunderstanding the law, everyone can because this ruling decares the rule of law meaningless.

aka, if cops can misunderstand the law and that’s okay, all citizens can misunderstand the law and it’s okay. either we can all’have the excuse of ignorance, or none can.


22 posted on 12/26/2014 8:12:26 PM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: TurboZamboni

Okay - so a reasonable mistake can be a homeowner who blasts a few cops coming through the front door yelling they’re cops and the homeowner doesn’t believe them because it’s happened to others before ....


23 posted on 12/26/2014 8:12:35 PM PST by SkyDancer
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To: TurboZamboni

they are trying to destroy color of law charges against officers who violate rights of citizens.


24 posted on 12/26/2014 8:13:39 PM PST by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: TurboZamboni

OBL unilaterally repealed the 4th Amendment on 9-11-01.


25 posted on 12/26/2014 8:18:02 PM PST by lightman (O Lord, save Thy people and bless Thine inheritance, giving to Thy Church vict'ry o'er Her enemies.)
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To: TurboZamboni

How did we come to have laws that can’t reasonably be expected to be understood by the people who are supposed to be enforcing them?


26 posted on 12/26/2014 8:20:33 PM PST by tacticalogic
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To: Mr Rogers

Agree. People should get more details on the case before getting all bent out of shape about it. This is another case of someone trying to get people emotionally upset so they’ll get clicks on their website.


27 posted on 12/26/2014 8:22:55 PM PST by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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To: TurboZamboni; Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

28 posted on 12/26/2014 8:28:01 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: Secret Agent Man

I wonder why everyone’ believes that we have so much resource and time on our hands to waste it on violating the rights of innocent citizens? We have so many criminals to violate that we can’t keep up now.! I’m amazed at your concern of having our time dedicated to attempt to catch you in some secret agent spy stuff when we have so many real criminals that are easy to catch and incarcerate.

Whoops! Gotta go there goes an innocent speeder at 92 mph on our interstate .. Lol


29 posted on 12/26/2014 8:28:46 PM PST by PROSOUTH ( Deo Vindice "God Will Vindicate")
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To: BuckeyeTexan
"Supreme Court Rules 8-1 Citizens Have No Protection Against 4th Amendment Violations by Police Ignorant of the Law"

Not sure that's really a fair assessment of this decision. Seems a bit inflammatory to me given what I read of the facts of the case and the reasoning of the decision which appeared to be based on the Constitution (a rarity).

30 posted on 12/26/2014 8:38:20 PM PST by PapaNew (The grace of God & freedom always win the debate in the forum of ideas over unjust law & government)
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To: TurboZamboni

Only the Wise Latina, eh?


31 posted on 12/26/2014 8:42:51 PM PST by bigbob (The best way to get a bad law repealed is to enforce it strictly. Abraham Lincoln)
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To: 1rudeboy
But being fully informed takes all the *zest* out of the commentary.
32 posted on 12/26/2014 8:44:59 PM PST by shibumi ("Walk through the fire - Fly through the smoke")
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To: TurboZamboni

Just great! So, the coming police state is justified by our own Supreme Court! We are on our way to anarchy...

Justice by and for the people seems to be a long way from true today. Just remember this ruling in the future.


33 posted on 12/26/2014 8:51:39 PM PST by Deagle
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To: Moonman62

Not sure that the details can overcome this decision!


34 posted on 12/26/2014 8:53:50 PM PST by Deagle
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To: Moonman62
This is another case of someone trying to get people emotionally upset so they’ll get clicks on their website.

Yup. Getting people "emotionally upset" seems to be a major industry these days, on both sides of the aisle.

35 posted on 12/26/2014 9:20:49 PM PST by JennysCool (My hypocrisy goes only so far)
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To: Mr Rogers

Well no, that is not true or even accurate.

There must be reasonable suspicion or probable cause.

They cannot pull you over randomly for any invented reason.

The stop must be germain to cause.


36 posted on 12/26/2014 9:24:49 PM PST by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: Vendome

“Sir you where weaving in your lane. I am going to have to search your car because I thought I saw you drinking a beer”

Now... with out a dash cam, how do you prove the cop is lying?


37 posted on 12/26/2014 9:43:50 PM PST by cableguymn (We need a redneck in the white house....)
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To: Star Traveler

To the police, if you are not one of them [police] you are a crook.


38 posted on 12/26/2014 9:49:57 PM PST by sport
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To: old curmudgeon

This kind of idea from the justice system has been building/growing over many years.


39 posted on 12/26/2014 9:57:53 PM PST by noinfringers2
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To: Mr Rogers

So, if a cop asks to search my car, am I well advised to decline? Am I within my rights to do so? I would never have cocaine or any other such substance, and I would love to say no, but I’m nervous that a cop can do and say anything.


40 posted on 12/26/2014 10:03:35 PM PST by definitelynotaliberal (Go, Cruz! Go!)
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