State law can’t override the constitution so I see this being appealed and headed to the SCOTUS.
Just curious: before creating this thread, did you have any idea at all that this ruling was issued and fully discussed SIX WEEKS AGO? In other words, if you’re so concerned about Supreme Court rulings, why aren’t you aware of them?
Another reason why I’m glad that I’m *much* closer to the grave than to the cradle.
Is this 2015?
All we need is a Convention of States to make more ammendments that will tell the supremes to stop ignoring the ammendments we already have.
Is the futility of the COS movement evident yet?
The SCOTUS is as corrupted as the rest of the govt. It started for me when they ruled a person’s private property could be taken through eminent domain and given to another private party. What was that 6-7 years ago?
If you are watching the mini series “Sons of Liberty” on the History channel the parallels from then to now will jump off the screen at you. The reset is coming.
The BIL has ten parts. One of those parts is there to protect the other nine. Among other purposes.
That opens up a rather large rabbit hole of abuse. But it seems The Federal Employees are quite skilled at effecting brand new law(not before practiced) designed to have that effect.
In this case however this issue should be that of State Constitutional limitations not Federal as the U.S. Supreme court has no legitimate jurisdiction over State & local police who are agents of State & local Government.
Unfortunately Washington’s employees in black robes have the habit of abolishing State Constitutions in their completely wreakless & clearly lawless edicts making.
Not breaking news.
The same distorted narrative was posted a month ago and debunked then as well.
http://www.freerepublic.com/focus/f-bloggers/3241173/posts
Complete misrepresentation of the facts noted in the decision.
Remember the exclusionary rule is a legal fiction of a liberal supreme court. There is no part of the Constitution that defines remedy for police wrongdoing.
I wonder if anybody wants to have that discussion.
Holy crap. The joke turned out to be true.
She really IS a Wise Latina.
Very disappointed with Scalia and Thomas.
Not surprised about Roberts, he's compromised.
State and local governments collectively have shocking amounts of money at their disposal for political activities.
Either this is old news or I am in the twilight zone.
The problem was the driver with the broken tail light and the "consent" to search. That said, the real problem is if you don't give "consent", you can be arrested..the same as refusing to sign a ticket. That has been the case as long as I remember.
Think about this folks:
The most conservative Supremes said aye. Sotomayer is a liberal and sees every thing as a right. Plus, I have no problem with contraband being found in a simple traffic stop, although some cops' actions/motives are questionable when asking to search. I'm surprised this had to go to the USSC.
Don't get me wrong, there are corrupt and power-hungry cops out there. Glad to see that body cameras are being initiated by many LEO agencies, and will grow. The recordings will protect both the innocent citizens AND the cops as in the recent cases of so-called innocent blacks being shot or strangled.
Supreme Court Rules Police Can Violate The 4th Amendment
...
This is old news, and that’s not what the SCOTUS ruled.
Legal Ping
“And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling with terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand?... The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin's thirst, the cursed machine would have ground to a halt! If...if...We didn't love freedom enough. And even more – we had no awareness of the real situation.... We purely and simply deserved everything that happened afterward.”
― Aleksandr Solzhenitsyn
Just for the general FYI, here’s the background of the stop
the stop/arrest (via wikipedia):
“On April 29, 2009, Maynor Javier Vasquez and Nicholas Heien were traveling along Interstate 77 in North Carolina. Vasquez was driving Heien’s car, and Heien was sleeping in the back seat.”
“While watching for “criminal indicators of drivers [and] passengers”, Sergeant Matt Darisse observed Vasquez drive by and thought he appeared “nervous”. Sergeant Darisse then began following Vasquez. Vasquez eventually slowed his car when approaching a slower-moving vehicle, and Sergeant Darisse observed the car’s right rear brake light hadn’t turned on.[1]:2-3 Sergeant Darisse believed that it was a violation of North Carolina traffic law to drive a vehicle with a broken brake light, so he activated his blue lights and stopped Vasquez (observing that as he did so, the right brake light “flickered on”).[2]:2 Sergeant Darisse informed Vasquez and Heien that he had stopped them for a broken brake light.”
“During the stop, Sergeant Darisse began to suspect the vehicle might contain contraband. His suspicion increased when Vasquez and Heien claimed, in separate questioning, that they were traveling to different ultimate destinations. Sergeant Darisse then asked Vasquez if he could search the vehicle.[2]:3 Vasquez said he should ask Heien, who said he “didn’t really care”.[1]:3-4 The ensuing search found cocaine.”
I dont see anything wrong with this.
made up example : Police pull someone over because they think their inspection sticker is expired because it’s smudged or something or is hanging lose and is hard to read... it turns out it wasn’t expired, but as they are talking to the driver... they look in the back seat and see a dead body.
Are you telling me they shouldn’t be able to arrest them after seeing the dead body just because it turns out they didn’t have an valid reason to pull them over to begin with?