Posted on 10/19/2014 8:04:30 PM PDT by ConservativeStatement
I won't disagree with that.
I would have heightened anxiety, as well, if I am carrying drugs with me.
"No cop has a right to "stop and frisk" anyone unless there is probable cause."
You are precisely correct.
Those in favor of "stop and frisk" should also be comfortable with police randomly stopping Ford and Toyota vehicles on certain days of the week while Buicks and BMW cars are stopped on the alternate days. Hey, if it halts just one crime, right? Houses can be searched on nights and weekends.
People...always be careful what rights one gladly hands to the police because it is a s-l-i-p-p-e-r-y slope to tread.
The same way that the TSA and NSA operations do: because we said so, peon!
Sure, if by “anxious” the article means their awareness that they are breaking the law and could go to jail. Poor dears.
It’s always nice to see some support for the 4th Amendment here. It’s not a popular amendment.
The stop and frisk policy in blatantly unconstitutional, and not for racial reasons.
In fact such encounters are to be analyzed under Terry v. Ohio, and the officer must be able to articulate facts giving rise to reasonable suspicion for the stop, and the subsequent need to firsk (usually they just say officer safety).
But the detention without a legal basis is illegal.
I don’t care a bit about whether it works or not, that’s not how we treat the Constitution.
I support the Constitution period- and see my post just just before yours.
The Fourth Amendment is hanging by a thread.
It’s a shame that the “conservatives” on SCOTUS that we need on so many issues are so quick to bend over backwards to accommodate law enforcement and erode these rights.
The huge exception being Justice Scalia. He’s very good on constitutional criminal procedure issues.
When I was a prosecutor I threw out lots of cases because the cops were either too stupid or unwilling to follow the highest law of the land.
When they called to see why I canned their case I would educate them on what a proper search entails, and when they do it right they won’t have to worry about me kicking out their cases.
Now I’m a defense attorney trying to teach younger prosecutors what their role is in upholding the law.
It’s a challenge.
Keep up the good fight!
I have difficulty understanding how this could possibly be legal, there has to be probably cause. I’m surprised it’s stood up in court.
let me guess, your biggest problem is getting discovery from the other side, lost notes, no response, not responsive etc..hide the truth
How complicated can it be?
Police are stopping and frisking people they suspect are either drug dealers or carrying firearms, without a CCP or not allowed as former felons, or both.
I have a CCP and I don’t sell drugs. Do I stay awake at night worrying about the 4th amendment because police are putting criminals in jail following valid Terry stop and frisks?
Nope. But keep up the good work getting gangsta thugs off on technicalities and in educating prosecutors. Very impressive stuff, like the ACLU or SPLC, so yeah, sleep tight.
The facts are the great majority of black prisoners are violent people who deserve to be separated from the general population. In the course of committing their crimes they probably had dope on their person or in their abodes. Illegal possession was added to their crime count, but it was not the reason they were arrested. Nevertheless, libs latch on to the "mere possession" lie to shout racism.
This could lead to disability! Ka-ching!
“Probably has to do with the drugs that they are hiding.”
You do realize that blacks and whites do drugs at the same rate, right?
They targeted people (white, black, hispanic... they targeted ‘poor’ or ‘appeared poor’) in Texas. At least they were equal opportunity thugs down there.
It made me mad that if I were driving our nice car, cops ignored me. But if I were driving our ‘beater’ cops followed me like sharks. I *never* got pulled over in the nice car, but in the beater, I was pulled over twice. Both times, they gave an excuse, no ticket. No warning.
Middle class housewife, trying to save money and live below our means to pay off debt the Dave Ramsey way. That turned me into a target. And it was blatant.
Cops do target. Cops do profile. And many times they’re wrong.
Funny thing is, the biggest group of druggies that I ever personally knew were rich people in New York. They put high school kids to shame.
“Now if you knew your chances of being arrested for drug possession because of the color of your skin was far higher than people who didn’t have your color, would you carry drugs around? I sure as heck wouldn’t.”
But the profiling is still wrong... right? If both groups are equally guilty, then one is being wrongfully targeted... right?
Why aren't you armed?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.