Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

N.J. Supreme Court: Leaning on a porch is not grounds for arrest
Star Ledger NJ.com ^ | January 7, 2014

Posted on 01/07/2014 7:19:04 PM PST by SMGFan

Edited on 01/07/2014 7:23:02 PM PST by Admin Moderator. [history]

TRENTON — In a ruling that strengthens "the right to walk freely on the streets of a city," the New Jersey Supreme Court said today that police were wrong to arrest a man for leaning on a private porch in a high-crime area.

Police later discovered 13 bags of crack cocaine on David M. Gibson, but the search that uncovered those drugs and Gibson's arrest were both unconstitutional, the high court ruled in a 6-0 decision citing privacy rights in the state and federal constitutions.

snip


TOPICS: Crime/Corruption; Culture/Society; US: New Jersey
KEYWORDS: 4thamendment

1 posted on 01/07/2014 7:19:04 PM PST by SMGFan
[ Post Reply | Private Reply | View Replies]

To: SMGFan

If you let the commoners start leaning on porches, the next thing you know, they’re going to start wanting to keep and bear arms. You’ve got to draw the line somewhere.


2 posted on 01/07/2014 7:20:26 PM PST by Standing Wolf (No tyrant should ever be allowed to die of natural causes.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Standing Wolf

Porches OK, but porch railings, flag poles, clothes line poles, bad mitten net poles, etc. are prohibited.


3 posted on 01/07/2014 7:23:32 PM PST by RetiredTexasVet (It's difficult to differentiate between a hog calling contest and a Senate rollcall.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: SMGFan

nuts.


4 posted on 01/07/2014 7:25:19 PM PST by Theoria (End Socialism : No more GOP and Dem candidates)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SMGFan

he was a dealer with 13 bags of cocaine wandering around at 3am. It was an illegal search so he beat the rap. He should have been sent to prison


5 posted on 01/07/2014 7:28:35 PM PST by plain talk
[ Post Reply | Private Reply | To 1 | View Replies]

To: plain talk

While our resident cop-haters will hail this defeat of the boyz in blue, it will only lead to higher drug crime ‘cause those cops are going to stop arresting thugs based on their suspect behavior. That would be profiling, after all.


6 posted on 01/07/2014 7:33:14 PM PST by EDINVA
[ Post Reply | Private Reply | To 5 | View Replies]

To: plain talk
You can't enforce the law by breaking the law. The cops need to do it right.

/johnny

7 posted on 01/07/2014 7:34:15 PM PST by JRandomFreeper (Gone Galt)
[ Post Reply | Private Reply | To 5 | View Replies]

To: EDINVA
It wasn't a lawful arrest. Follow the rules and enforce the law.

/johnny

8 posted on 01/07/2014 7:35:31 PM PST by JRandomFreeper (Gone Galt)
[ Post Reply | Private Reply | To 6 | View Replies]

To: SMGFan
Porch leaner = porch lemur ≠ porch monkey.
9 posted on 01/07/2014 7:40:05 PM PST by lightman (O Lord, save Thy people and bless Thine inheritance, giving to Thy Church vict'ry o'er Her enemies.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JRandomFreeper

Arresting lawfully is important. I just got arrested holding up a banner on a median where the light rail operates. METRO cop turned into an orc...Conservatives are out there on the ground and there are some probs with cops and First Amendment....


10 posted on 01/07/2014 7:42:03 PM PST by magna carta
[ Post Reply | Private Reply | To 8 | View Replies]

To: JRandomFreeper

Yes they need to ask him what is he doing out at 3 am? And when he runs then you have to chase him! That is the problem, they don’t want to chase them anymore. Their hands are full with donuts and coffee! Well their gut is a little big to! lol


11 posted on 01/07/2014 7:43:43 PM PST by US_MilitaryRules (Tastes like Heaven, Burns like Hell! Mmmmmm. What is it?)
[ Post Reply | Private Reply | To 7 | View Replies]

To: SMGFan
if he's leaning on MY porch at 3am it is... what he does on his own porch is his business
12 posted on 01/07/2014 7:46:20 PM PST by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -vvv- NO Pity for the LAZY - 86-44)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SMGFan

Just think...If the scumbag had been carrying a baby or walking a dog or been in a wheel chair, they’d have filled him full of lead...After 15-minutes of tasering...


13 posted on 01/07/2014 7:50:07 PM PST by SuperLuminal (Where is another agitator for republicanism like Sam Adams when we need him?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SMGFan

The drug dealer can go lean on his own porch.


14 posted on 01/07/2014 8:21:36 PM PST by School of Rational Thought
[ Post Reply | Private Reply | To 1 | View Replies]

To: plain talk

Illegal search. He shouldn’t have been sent to prison. What is it about violations of the Constitution you don’t understand?


15 posted on 01/07/2014 8:27:20 PM PST by freebilly (Creepy and the Ass Crackers....)
[ Post Reply | Private Reply | To 5 | View Replies]

To: SMGFan

when he’s acquitted in the new trial, the cops should send him a formal notice to come on down and pick up his drugs.


16 posted on 01/07/2014 8:57:24 PM PST by stylin19a (Obama -> Fredo smart)
[ Post Reply | Private Reply | To 1 | View Replies]

To: EDINVA

One person’s suspected behavior is another person’s hanging out.


17 posted on 01/08/2014 12:31:53 AM PST by Ecliptic (.)
[ Post Reply | Private Reply | To 6 | View Replies]

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson