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To: deputac
In actuality, the NYS Constituion is way more protective of its citizens in reference to the 4th Amendment than the US Constitution is today.

Which is likely why they ruled stop and frisk unconstitutional.

7 posted on 03/16/2007 9:30:41 AM PDT by SJackson (Muslim women...no lesser role than men in war of liberation...they manufacture men, Hamas Charter)
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To: SJackson

Problem is, with the probable cause standard, the liberal judges in NY don't know how to apply it.

I always remember that case from my Crim Law class where an "enlightened" judge threw out a probable cause stop (and subsequent arrest) when the male perp, walking down a high-crime area at night with a woman's purse in his hand and high-tailed it upon spotting the police, was deemed to have been illegally stopped in the first place. Because, all of the aforementioned factors did not add up to probable cause in NYC. /sarc

I think that case also featured that wonderful reasoning that African-American males had a reason to fear the police becuase of their history with the department, and thus running from the cops was not too odd for this guy (I can't remember for sure, it was a long time ago).


12 posted on 03/16/2007 9:41:35 AM PDT by deputac (NYPD & FDNY: The Other Twin Towers of New York)
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To: SJackson

Forgot to also state that I have friends working in conjunction with the street crimes units. If the NYPD arrested and booked all the perps they came across on a nightly basis, you would see even higher arrest and conviction rates than you see now in NYC.

My tagline...


13 posted on 03/16/2007 9:44:56 AM PDT by deputac (NYPD & FDNY: The Other Twin Towers of New York)
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