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 ...
Different tree, the tree of liberty.
He saw me drinking a beer?
Well, let’s FST and blow...
Anything after that is “A No Go, No no...”
Yes you have the right to refuse a request to search . You have that right . Now if you have contraband in plain sight or if you admit to contraband or if a dog gets a hit conformation your consent is not necessary. A law enforcement officer also may not ask for search consent until he has returned your DL or written your citation and released you from coercion before asking for consent to search . Oh yeah I am a sworn officer and we are not going to waste our time on someone unless their actions raise the red flag or we think something is criminal in nature..
I’m glad to know it. Thank you for informing me. That search of the orifices of the women pulled over in Dallas hasgreatly degraded my faith in the police.
There are people on here who will disagree with you.
What it says to me is cops can throw anything against the wall and see if it sticks. In the meantime the citizen has to either pay the fine or hire a lawyer, take off from work and go to court and hope he wins. Most can’t afford that so they pay the fine. And cops know this.
And now the SC has just told all cops to pull anyone over they want and search their cars. All they have to say is “I thought they were breaking a law.”
Once again that evil bastard Charles Manson was right. He would get really irritated when talking about 9 men interpreting laws that affect millions.
Do you also ask folks to stop recording you during your questioning or arrests?
Money!!
Questioning the law has no time, date, or person... It is the law!
Maybe it’s because you do! You always have time to chase money maker offenses, not so much other things. Those other things seem to happen under citizen recording so that is not so nice (although you attempt to curtail such activity), I would too as you folks are way too aggressive for stupid offenses. Today, it does seem that the cops are way too interested in the money making machine rather that citizen protection (great thought isn’t it)! They need the money to survive, it is the law of the jungle it seems...
> When you get over the fence, past the dogs, security system, and armed guard you’re paying for.
The whole system is going to have to be bankrupted in order for us to flee this out of control merry go round
It’s all about the money and you know it! I could say more but would probably get too profane...
Pretty much describes the current modus operandi of the MSM.
Oh, sure, easy for you to say.
Now you want to use facts and logic and common sense.
Bah, kwanza-humbug.
DEAGLE I CAN SEE THAT YOU HAVE YOUR MIND MADE UP AND IT IS NOT TO BE CHANGED. I WILL ADMIT THAT AS SOON AS WE DO GET TO POLICE FOR MONEY SOMEONE WILL BE COMING AFTER YOU. I ONLY WISH I GOT PART OF THE REVENUE I GENERATE A YEAR, THEN I WOULDN’T BE UNDER PAID AND BROKE AS I AM.
YOU NEED TO REALIZE THAT YOU ARE DREAMING IF YOU THINK WE GET OVER ZEALOUS AND RUN OURSELF SILLY BECAUSE WE GET A CUT OF WHAT IS TAKEN IN BY THE GOVERNMENT. IF IT DID WORK THAT WAY I COULD SEE YOUR POINT. BUT NO PAYOLA IS GOING ON. NEXT DON’T SPEED AND BE NICE AND DON’T WORRY, PLAY LIKE A GANSTA AND I’M AFRAID YOU MAY JUST GET BUSTED.
This post made me recall an incident that happened to me and a friend of mine in December 1995. We were traveling from Richmond VA to DC. We were in my Jeep Cherokee on U.S.1 getting ready to turn to go back on 95 near Bowling Green. I noticed in my mirror two VA state trooper cars, but didn't think anything of it.
As were approaching the turn, two more State troopers were coming in the opposite direction. The troopers behind us turned on their lights, as did the troopers in front of us. I pulled slowiy to the side of the road and stopped, hands on the steering wheel.
They came to the vehicle with weapons drawn. Never had that happen before. We were told to exit the vehicle, and were kept apart from each other.
One trooper asked if he could search the vehicle, and I asked if he had a warrant. He said no, but he could easily get one.
Two hours later he had a valid warrant, and they preceded to tear my vehicle apart.
After searching both of us, and the vehicle (finding nothing), he told us they were sorry. I said ok, you are going to put the Jeep back together, right? He said no, have a good day and left.
Needless to say that I was pissed off.
5.56mm
Are you making a threat of physical violence to Deagle? You could be considered as engaging in criminal mischief. If the State Attorney General is not willing to prosecute you for your obvious breach of the peace, let's see how you look in front of a jury at a civil trial.
The modern police force was created by Sir Robert Peel approximately around 1830 in London. The violence and abuses suffered from the current crop of officers may lead the citizens of the USA to consider a complete overhaul. We don't want our women manhandled or our babies blown up by flash bang grenades. Let's see how public safety was looked after before Sir Robert Peel. Your tirade makes it clear that it past time for a civil change.
“Why? Because you gave permission.”
Needs to be repeated.
Heien waived Fourth Amendment protections by consenting to the search. North Carolina did not have a State Law against “good faith” stops.
There, fixed it for ya
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