/johnny
Ah yes, it’s now the seriousness of the charge. Where have we heard that before?
We need a moratorium on hyperbole in topic titles. Unless it’s struck down via judicial review or Congress votes to repeal it, it isn’t repealed at all.
Is there going to be a requirement that the alleged tip be authenticated? Or can the cops say they got a tip and perform a search?
“We got a tip that you were a clone of Hitler, and you were about to commit genocide. So we did the search and 2 bags of weed. You’re under arrest.”
I hope the Supremes rule broadly and correctly on this. “Probable cause” is unambiguous, and they should read the words exactly as written. The police lacked probable cause, so the evidence was obtained in violation of the 4th Amendment. Case closed. I would prefer to use such evidence in court and allow civil suits over the violation of rights, but that’s not the standard we follow.
I've been putting up with that crap from a wacko SIL who says I'm stalking her and threatening her. She says she's going to go to the police, hasn't yet, but I've already been expected by one family member to somehow *prove* I wasn't doing it. I shudder to think what problems she could be causing me if she wasn't such a drunken moron. I actually considered anonymously ordering a couple of cases of vodka to be delivered to her house in the hope that she'd drink herself into a coma.
Point is, she goes to the cops, she doesn't have to provide any real evidence, just make the claim in order to cause me problems.
I don’t see the court getting rid of this requirement.. I have been in law enforcement for 23 years and always we have been told to have our own reasonable suspicion before stopping a vehicle, even if someone calls in a complaint. Only time I can recall a stop without was a brandishing call on an occupant of the vehicle. But we had the callers information and he was willing to give a statement...
Instead of fixing that, the powers that be choose to easier path to erode our constitutionally protected rights.
This is a warrant to search: Your house
For: Illegal stuff
Probable cause: Anonymous tip
Somehow this seems a little short of the original intent.
They have been chipping away at the 4th Amendment for 25 years now. Sadly, too many people took the “if you haven’t done anything wrong you don’t need to worry” approach and, well . . . here we are. The “law and order” vote is the terribly mistaken belief that only the “criminals” need worry. The criminals are the ones who need worry the least. But, hey ... most of America cheered the passage of the Patriot Act so I don’t hold out much hope for what is left of our Republic. You see, people always think it’s “the other guy”. No, as far as the State (fed or local) is concerned, it’s you.
For four members of the court the 14th Amendment makes the 4th obsolete.
Oh, wait...
the slippery slope of the justifications of the police state in the name of “public safety”
we are constantly being told something is “justified” when the only basis of that claim of “justified” is that it makes “police work” easier
however the nature of our rights in the Constitution is not only irrelevant to making police work easier, they are in some ways antithetical to a justification of police powers on the basis of “making the police work easier”
between abuse of our Constitutional rights and the crime of carrying the seized material of “illegal” substances, the latter seeems the lesser of the two
California is the communists capital of America. We here have little rights left from local to the highest bunch of idiots in California.
Doesn’t matter. this administration will do whatever it danm well pleases.
the supreme court cannot overturn natural rights... only the people giving them up will those rights be denied.
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The author clearly doesn’t understand the Constitution, SCOTUS rulings, legal precedent, or the question before the Court in this case.
Strange, I don’t see oral arguments posted for this yet.
The normal caveats apply, as you can't always tell what the justices are really thinking by their questioning, but my reading puts this as a big loss of 4th amendment rights. Alito was making rediculous comments about someone having nukes in the trunk of the car to try to justify allowing pulling people over because of an anonymous tip. They all seem to be on board with the police disrupting your life because some anonymous jackass phones in a tip claiming you ran "almost ran them off the road".
So, after they publish this, be sure to keep it in mind if there is anyone that you want to have the police hassle. Just get a tracfone, so it can't be traced back to you, and you're golden. Because, you never know, someone might just have a backpack nuke in their trunk. It's all for our safety don't you know. Remember this if you ever happen to notice "Justice" Alito driving down the road beside you. I'm sure he won't mind being pulled over.