Court blocks & boots judge on NYPD stop-frisk

NY Post ^ | 10/31/13 | Rich Calder

[jimbo123]

Obama Nation is deeply saddened.

[skinkinthegrass]

takin' it to "the Man" the WHIMP!
that's gonna leave a nasty mark.

[Mercat]

Nice

[1rudeboy]

I tried to find a copy of the opinion, but couldn’t. Can anyone? I will tell you this: the Center for Constitutional Rights is a real piece of work, I learned.

[Conscience of a Conservative]

Obama Nation is deeply saddened.

Conservatives should be saddened as well.

[Cicero]

Wow! that’s great. I’ll bet these judges lived through the horrors of NYC before Giuliani took over. And maybe they even looked at the crime statistics.

It’s encouraging when a few honest, law-respecting judges appear on the scene in these days of liberal insanity.

[joe fonebone]

so are you saying you support the right of the police to stop and frisk anyone they damn well please at any time they wish????

blatantly unconstitutional.....

but i guess that there pesky ol’ constitution thingie is just a guideline, eehhhh????

[FES0844]

Not to worry. Dante’s daddy’s gonna end it.

[Conscience of a Conservative]

Here is a link to the Second Circuit's decisions page:

http://www.ca2.uscourts.gov/opinions.htm

Click on the link for today's opinions, and it is docket number 13-3123 and 13-3088.

[FreetheMarkets]

Try this Link.

http://www.ca2.uscourts.gov/decisions/isysquery/6e2f2e4b-7fc5-4e6d-a869-18980f992c22/1/doc/13-3123_13-3442_post.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/6e2f2e4b-7fc5-4e6d-a869-18980f992c22/1/hilite/

[DemforBush]

This is apparently not the first time the appeals court has batted down one of Scheindlin’s decisions. They unanimously decided to overturn her decision to grant Judith Clark a new trial. Clark was one of the conspirators in the Weather Underground’s robbery/murder of a Brinks’ truck in the 70s.

Here’s a list of some of her high profile cases.

http://en.wikipedia.org/wiki/Shira_Scheindlin#Important_cases

[Conscience of a Conservative]

Also, the decision is not much. The judges took no position on the merits of the case. The fact that they issued a stay doesn’t tell you much (it can be an indicator that the court is going to overturn the appeal, but it’s usually not a strong sign either way).

[1rudeboy]

Thank you. How did you guys find it, when I couldn’t?

[oh8eleven]

so are you saying you support the right of the police to stop and frisk anyone they damn well please at any time they wish???? blatantly unconstitutional.....
What's the difference between Stop & Frisk and the police stopping your car for "safety" and "DWI" checks? Both are blatantly unconstitutional. Oh wait ...

[jocon307]

This is pretty amazing to me. She’s such a piece of left-wing trash that judge. She should be forced to live in the highest crime rate area of her borough.

[Mr. Lucky]

Maybe the police had sufficient cause to stop and frisk the plaintiff and maybe they didn’t. The Court of Appeals found that the judge’s actively soliciting the filing of the case was improper.

[trisham]

From Wikipedia:
In September 2006 Scheindlin ruled that Judith Clark, a Weather Underground radical serving 75 years to life for the murder of a Brinks guard and two police officers during a robbery, was entitled to a new trial because her Sixth Amendment right to counsel was violated. Scheindlin found Clark's right to counsel was violated even though the then-self-proclaimed revolutionary insisted on representing herself at trial, turned down legal counsel, boycotted much of the trial and refused to recognize the court's authority. In January 2008 the Second Circuit Court of Appeals unanimously reversed Scheindlin's ruling and held that Clark was not denied her right to counsel because Clark "knowingly and intelligently exercised her constitutional right to make those choices."

I can't say that I like her much.

[ken5050]

The new mayor, De Blasio, will drop the city’s suit the day he is sworn in..

[Gene Eric]

>> Conservatives should be saddened as well.

Not if the judge was unethical.

[carlo3b]

Conservatives should be saddened as well.

I think understand your concern, but I still find profiling a natural response to danger.. We profile almost knee-jerk in every other normal reaction, and I can't find mind control in the Constitution..

The 4th amendment remains safe if the threat is valid, as in statistical certainty.. However, if I have misconstrue your point I stand ready to learn..